COMMUNITY BASED LAND USE PLAN
TSE DAA KAAN CHAPTER, NAVAJO NATION
Prepared by: DUANE H. YAZZIE CONSULTANT
Rez Star Point SHIPROCK, NAVAJO NATION COMMUNITY BASED LAND USE PLAN TSE DAA KAAN CHAPTER, NAVAJO NATION
TABLE OF CONTENTS
CHAPTER 1: Introduction, Authority, Purpose and Process Page No. 1.1 Introduction 7 1.2 Background 7 1.3 Authority 8 1.4 Purpose 10 1.5 Project Planning Process 10 1.6 Community Participation Process 14 1.7 Conclusion 15 1.8 Definitions 16 1.9 Exhibits 19
CHAPTER 2: Community Assessment 2.1 Vision Statement 25 2.2 Existing Land Status 27 2.3 Demographic Data 27 2.4 Housing Data 34 2.5 Grazing and Agricultural Information 40 2.6 Community and Public Facilities Information 43 2.7 Commercial and Industrial Development Information 46 2.8 Conclusion 47 2.9 Exhibits 48
CHAPTER 3: Land Suitability Analysis 3.1 Background - Site 1 58 3.2 Physical Characteristics of Site 1 58 3.3 Site Analysis Elements 59 3.4 Compilation of Field Data and Methodology 69 3.5 Accessibility 69 3.6 Conclusion 70 3.7 Consultation Coordination 70 3.8 Exhibits 71 3.9 Background – Site 2 84 3.10 Physical Characteristics of Site 2 85 3.11 Site Analysis Elements 86 3.12 Compilation of Field Data and Methodology 105 3.13 Accessibility 105 3.14 Conclusion 105 3.15 Exhibits 107
Community Based Land Use Plan 2 Tse Daa Kaan Chapter, Navajo Nation CHAPTER 4: Infrastructure Analysis 4.1 Background 117 4.2 Infrastructure Analysis Elements 117 4.3 Conclusion 119 4.4 Exhibits 120
CHAPTER 5: Development Sites Land Use Plans 5.1 Background 125 5.2 Site Access 125 5.3 Site Related Elements 125 5.4 Development Site 1 Land Use Plan 127 5.5 Development Site 2 Land Use Plan 128 5.6 Conclusion 129 5.7 Exhibits 130
CHAPTER 6: Open Space Plan and Thoroughfare Plan 6.1 Tse Daa Kaan Chapter Open Space Plan 134 6.2 Tse Daa Kaan Chapter Thoroughfare Plan 135 6.3 Exhibits 136
CHAPTER 7: Implementation Recommendations 7.1 Tse Daa Kaan Chapter Land Use Policies 140 7.2 Additional Implementation Recommendations 144 7.3 Site Development Requirements 146 7.4 Legal Considerations 147 7.5 Conclusion 147
CHAPTER 8: Summary 149
PERSONNEL 150
Community Based Land Use Plan 3 Tse Daa Kaan Chapter, Navajo Nation EXHIBITS
Page No. 1.9.1 Planning Process Diagram 01 12 1.9.2 Planning Process Diagram 02 13 1.9.3 List of Meetings 19 1.9.4 Tse Daa Kaan CLUP Committee Resolution 20 1.9.5 Tse Daa Kaan Chapter Resolution 21 1.9.6 Transportation & Community Development Committee Resolution 22
2.9.1 Community Assessment Survey Instrument 48 2.9.2 Grazing and Agricultural Information 49 2.9.3 Community and Public Facilities Information 51 2.9.4 Commercial and Industrial Development Information 52 2.9.5 Land Status Map - DRG 53 2.9.6 Land Status Mosaic Map 1 54 2.9.7 Land Status Mosaic Map 2 55
3.8.1 Selected References 71 3.8.2 Development Sites Map 73 3.8.3 Soils Data Map Legend – Development Site 1 74 3.8.4 Soils Data Map 75 3.8.5 Soils Data Map Legend – Development Site 2 76 3.8.6 Soils Data Map 77 3.8.7 Environmental Sensitive Areas Map 78 3.8.8 Photos of South Tse Daa Kaan Development Site 79 3.8.9 List of Flora (Vegetation) 80 3.8.10 List of Fauna (Wildlife) 83 3.15.1 Selected References 107 3.15.2 Photos of Tse Daa Kaan Chapter House Tract Development Site 110 3.15.3 List of Flora 111 3.15.4 List of Fauna 114
4.4.1 Chapter Area Utility Infrastructure Systems 120 4.4.2 Community Area Utility Infrastructure Systems Map 1 121 4.4.3 Community Area Utility Infrastructure Systems Map 2 122
5.7.1 South Tse Daa Kaan Development Site Land Use Plan 130 5.7.2 Tse Daa Kaan Chapter House Tract Site Land Use Plan 131
6.3.1 Tse Daa Kaan Chapter Open Space Plan 136 6.3.2 Tse Daa Kaan Chapter Thoroughfare Plan 137
Community Based Land Use Plan 4 Tse Daa Kaan Chapter, Navajo Nation TSE DAA KAAN CHAPTER, NAVAJO NATION
CHAPTER LAND USE PLAN
CHAPTER 1 – INTRODUCTION
Community Based Land Use Plan 5 Tse Daa Kaan Chapter, Navajo Nation CHAPTER 1: INTRODUCTION
TABLE OF CONTENTS
1.1 Introduction
1.2 Background
1.3 Authority
1.4 Purpose
1.5 Project Planning Process
1.6 Community Participation Plan
1.7 Conclusion
1.8 Definitions
1.9 Exhibits
Community Based Land Use Plan 6 Tse Daa Kaan Chapter, Navajo Nation CHAPTER 1: INTRODUCTION, AUTHORITY, PURPOSE, PROCESS
1.1 Introduction
The Tse Daa Kaan Chapter of the Navajo Nation successfully applied to participate in the NAHASDA Community-based Land Use Plan project under sponsorship of the Office of Navajo Government Development. The firm of Rez Star Point, Duane H. Yazzie - Principal, was selected as the consultant, to provide technical services to the Chapter.
The Tse Daa Kaan Chapter and Rez Star Point initially began work on the Chapter Community Land Use Plan project in November of 2000. After a series of meetings and fieldwork, the work was completed on the Chapter Community Land Use Plan, specifically on the proposed development sites. The Tse Daa Kaan Chapter leadership retained Rez Star Point to do an update of the Land Use Plan in October 2007.
Presented herein is an updated work product that provides a description of the elements that are collectively formulated into the Tse Daa Kaan Community-based Land Use Plan document. This document is to be treated as a general guide and planning tool as the community works toward realizing its goals of community and economic development. The document should provide development guidance over the next five years.
1.2 Background
In response to the request for new housing throughout Indian Country by Native leadership, the U.S. Congress approved the Native American Housing Assistance and Self Determination Act of 1996 (NAHASDA). Although the greater amount of the NAHASDA funds was intended for development of new housing, a significant amount of funding was made available for planning of potential development sites by Navajo Chapters/ communities.
The opportunity for communities to learn the planning process for new housing and other elements of community and economic development is a welcome departure from the practice of the central government planning for the communities and thus dictating the manner of development.
This opportunity is consistent with the principles of Self Determination, Self Sufficiency, Self Reliance, Decentralization, Local Empowerment and Local Governance. Further this opportunity is consistent with the time honored and paramount Navajo edict of TAA HO A JI TEEGO or "do for yourself" meaning “achieve success through your own efforts, with initiative and determination.”
Community Based Land Use Plan 7 Tse Daa Kaan Chapter, Navajo Nation The Navajo Nation through the Office of Navajo Government Development received NAHASDA grant funds; this grant funded the Chapter Land Use Plan and Housing Planning project. The grant was scheduled to fund the Chapters to work with their consultants to complete their Land Use Plans. The Tse Daa Kaan Chapter was selected to be one of the Chapters in the first year of the project.
1.3 Authority
The Navajo Nation Council through Resolution CAP-34-98 enacted the Navajo Nation Local Governance Act (LGA). The LGA is codified at Title 26, Navajo Nation Code. The LGA confers certain authorities upon Navajo Nation Chapters to engage in a process of local governance, including the authority to conduct all manner of local planning for the community.
The Local Governance Act of 1998 contains explicit authorities scheduled to be granted to governance-certified Navajo Chapters to "do for themselves". These provisions include:
Subchapter 1, B. Purpose 1. The purpose of the Local Governance Act is to recognize governance at the local level. Through adoption of this Act, the Navajo Nation Council delegates to Chapters governmental authority with respect to local matters consistent with Navajo law, including custom and tradition.
2. Enactment of the Local Governance Act allows Chapters to make decisions over local matters. This authority, in the long run, will improve community decision making, allow communities to excel and flourish, enable Navajo leaders to lead towards a prosperous future, and improve the strength and sovereignty of the Navajo Nation.
The LGA provides specific authorities that give governance-certified Chapters the means to exercise decision-making powers on the following elements that pertain to the regulation and planning-in-general of land. The governance-certified Chapters would enact ordinances via Chapter resolution to effect these authorities.
Subchapter 3, Section 103, Chapter Authority 1. To issue home and business site leases or permits. 2. To amend the land use plan to meet changing needs of the community. 3. To acquire property by eminent domain. 4. To adopt zoning ordinances consistent with the land use plan.
Community Based Land Use Plan 8 Tse Daa Kaan Chapter, Navajo Nation The LGA further provides the following authorities for governance- certified Chapters to maintain a Community-based Land Use Plan. Subsection 7, Section 2004; Zoning, Community-based Land Use Plans, Land Use Variations. 1. Chapters may enact zoning ordinances. 2. Chapters shall enforce zoning ordinances. 3. Chapters can approve land use variations.
. The Land Use Plan is developed by the Chapter appointed Community Land Use Planning (CLUP) Committee. The CLUP Committee will recommend the Plan for consideration and adoption by Chapter resolution and prepare for presentation to the Transportation and Community Development Committee (TCDC) of the Navajo Nation Council.
Community Based Land Use Plan 9 Tse Daa Kaan Chapter, Navajo Nation 1.4 Purpose
The purpose of developing the Tse Daa Kaan Chapter Land Use Plan is to have in place a document that describes the community’s hopes and aspirations for community and economic development based on the vision of the CLUP Committee on behalf of the people. The process used in the development of the plan will result in several benefits for the community, including:
1.4.1 To have the CLUP Committee, the Chapter leadership and the community members learn the community land use planning process. A planning process that can be applied to the acquisition of land for other community based planning efforts. 1.4.2 To facilitate community capacity building by empowering local Chapter leaders and community members. 1.4.3 To generate interest, develop community support and participation of community members in the planning process. 1.4.4 To prevent haphazard unregulated community growth. 1.4.5 To assure availability of infrastructure systems for anticipated community growth. 1.4.6 To insure that future generations have adequate housing and sufficient space to live and grow. 1.4.7 To "leverage" the Community-based Land Use Plan in identifying and securing the resources necessary to accomplish the desired development.
1.5 Project Planning Process
The process that was used by Rez Star Point, the CLUP Committee and the Tse Daa Kaan Chapter leadership involved a series of meetings including regular CLUP Committee meetings. The list of meetings is attached as Exhibit 1.9.3.
In these sessions committee members articulated and defined their goals and aspirations for the Community-based Land Use Plan. There were other meetings held with the intent of developing data for assessments and to address specific needs regarding infrastructure systems. Some of the specific activities included the following:
1.5.1 Scoping sessions with the Tse Daa Kaan CLUP Committee, where the group strategized the tasks to develop the Land Use Plan. 1.5.2 Conducted community assessments with CLUP Committee members and Chapter Officials to determine the state of the community and the resources that are available.
Community Based Land Use Plan 10 Tse Daa Kaan Chapter, Navajo Nation 1.5.3 Provided orientation on the community land use planning process elements as a part of the community orientation process. 1.5.4 Reviewed developed reports and various project components used in the planning process with the CLUP Committee and leadership to ensure accuracy and to maintain consensus on the process. 1.5.5 Held public hearings to inform the community of the planning process and progress thereof. 1.5.6 Attended meetings with other agencies to determine the most viable strategies to bring adequate infrastructure systems to the proposed development sites. 1.5.7 Reviewed the final report with the community members.
The following Exhibits 1.9.1 and 1.9.2 pictorially depict the Tse Daa Kaan Chapter Land Use Plan planning process.
Community Based Land Use Plan 11 Tse Daa Kaan Chapter, Navajo Nation Exhibit 1.9.1 General Tse Daa Kaan Chapter Land Use Planning Process
TEAM EFFORT
CLUP Consultant
Committee Rez Star Point
Community and Local Technical Leadership Resources
ORGANIZATION OF RESOURCES
Public Institutions Land Technical Resources
Chapter Chapter Based Land Infrastructure Government Use Planning Process
Cultural Economics Resources Community Values
Phase I Phase II Phase III Phase IV Phase V Comprehensive Community Land Site Land Use Plan/ Report with Assessment Suitability Infrastructure Corresponding Implementation Maps Analysis Analysis Recommendations
Community Based Land Use Plan 12 Tse Daa Kaan Chapter, Navajo Nation Exhibit 1.9.2 Detailed Tse Daa Kaan Chapter Land Use Planning Process
PROJECT APPROACH
Phase I Phase II Phase III Phase IV Phase V
Comprehensive Community Land Infrastructure Land Use Plan Report with Assessment Suitability Analysis Corresponding Implementation Analysis and Maps Recommendations
PROJECT OBJECTIVES
1. Orientation and 1. Development 1. Collection of 1. Conceptualize 1. Organize Data
Vision Seeking Sites Information on Future Land Use and Analysis 2. Goal Setting 2. Determine Land Infrastructure Plan 2. Develop 3. Data Collection: Status 2. Analyze Data 2. Digitize and Options on -Public 3. Develop in Relation to Computer Implementation Presentations Concurrence Current and Format 3. Compile -GIS 4. Identify Future Site 3. Presentation of Comprehensive -Surveys and Potential Needs Land Use Report Analysis Collection of 3. Planning New Options 4. Final Critique 4. Compilation Preliminary Infrastructure 4. Approval of with of Data Biological 4. Plan Rural Land Use Plan: Community 5. Base Mapping Survey Data Infrastructure -Public 5. Provide 5. Analyze Data - solar electric Hearings Continued 6. Determine - water wells -Chapter Follow Up and Suitability etc. (if needed) Meeting Monitoring 7. Alternative 5. Finalize Land Sites or Proceed Use Plan with Selected -Hard Copies Site(s)
TO ANSWER THE QUESTIONS OF:
What is the Where Will the What How Will the How Can the Infrastructure Community Community Community Community Community NAHASDA NAHASDA NAHASDA NAHASDA NAHASDA Vision? Vision Vision Look? Vision Be Vision Will Be Built? Realized? Need?
Community Based Land Use Plan 13 Tse Daa Kaan Chapter, Navajo Nation 1.6 Community Participation Process
The following articulates the process that was generally followed in the Tse Daa Kaan Community-based Land Use Plan project.
1.6.1 Chapter/community Orientation
At the outset of the project the Consultant began the orientation with the Tse Daa Kaan CLUP Committee on the Chapter Land Use Plan and Housing Planning Project. The five separate components of the project were covered in detail. The five components being the Community Assessment, the Land Suitability Analysis, the Infrastructure Analysis, the Development Sites Land Use Plans and the Final Report with Implementation Recommendations.
The CLUP Committee, Chapter leadership and consultant explained to the community membership the purpose of the project, its history and the expectations of the project sponsors, the Office of Navajo Government Development, the Navajo Housing Authority and appropriate Navajo Nation leadership, respectively.
1.6.2 Identification of Potential Development Sites
The community members who are recognized land users of the potential development sites were consulted when the CLUP Committee and the Consultant commenced with the Phase II portion of the project. There was previous identification of two land sites to be the planning sites for new community housing and other elements of community development.
1.6.3 Cultural Significance and Traditional Sensitivity
During the Land Suitability Analysis Phase, the Consultant had an initial Biological Survey done on the sites. One primary intent of the Biological Survey is to assess the presence of culturally and traditionally significance issues. Culturally significant and traditional sensitivity concerns were determined to not be outstanding issues with the South Tse Daa Kaan Development Site. The South site has not been surveyed for cultural resources.
A Cultural Resources Survey was done on the Chapter House tract development site, from which a Notice to Proceed was issued. A subsequent Biological Survey was performed and Mesa Verde Cacti listed as an endangered specie under the Federal Endangered Species Act were located on the north and northwest areas of the site.
Community Based Land Use Plan 14 Tse Daa Kaan Chapter, Navajo Nation There were not any traditional sensitivity issues that were readily recalled by the CLUP Committee and local leadership that might be prohibitive in determining the suitability for development of the Chapter House tract site. The Cultural Resources survey did note the presence of a burial site; however the remains had been previously exhumed and re-interned at a different location. Thus, it is not considered an outstanding concern as a culturally significant issuse.
1.6.4 Development Sites Land Use Plan Concepts
The CLUP Committee deliberated on the basic elements that would be incorporated into the different land use planning designs that were developed by the consultant. The design concepts were presented on digital media to show the proposed housing and other community development plan components.
1.6.5 Comprehensive Report and Implementation Recommendations
The Chapter leadership and the Consultant presented the final comprehensive report to the community members upon the completion on the project. The community members were orientated on the project development process with the project conclusions. With the Implementation Recommendations review, the community understood the steps that need to be proceeded with, in order that the desired planning is realized in a timely manner.
1.7 Conclusion
The Consultant emphasized the importance of having the community members understand the project. This insures that there is support for the effort, it protects the integrity of the project and helps the community to pursue the project. With these elements, the potential of the community achieving the desired results becomes practical and achievable.
Community Based Land Use Plan 15 Tse Daa Kaan Chapter, Navajo Nation 1.8 Definitions
Clustered Housing: housing units developed in a “small” subdivision.
Chapter Boundary: the physical geographic outer boundary of the Chapter area as interpreted by the community.
Chapter Membership: for voting purposes and participation in the Chapter government, all members who are registered to vote. Those members who comprise the quorum at Chapter meetings. For purposes of services and benefits, all Tribal members, young and old, who either reside within or are registered with the Chapter.
Chapter Officials: means the following public officials elected by the Chapter membership; Chapter President, Vice President and Secretary/ Treasurer.
Chapter Land Use Planning Committee (CLUP): the Committee appointed by Chapter membership in accordance with the LGA to work on governance-certification process including the Chapter land use plan.
Comprehensive Land Use Plan: a document that describes the current and the future land use of lands within the Chapter area. The document should have provisions for community and economic development, infrastructure, open space, zoning and ordinances, illustrating such uses on maps.
Cultural and/or Traditional Significance: elements of cultural and/or traditional Diné value associated with potential development sites, such elements that must be considered in view of various Tribal and Federal laws/regulations intended for historic and cultural preservation.
Eminent Domain: the taking of land used by an individual, or legal person or entity, in which an individual, or legal entity has an interest for a governmental purpose. Just compensation must be paid to the land user for the taking of such land as prescribed by Navajo law.
Environmentally Sensitive Areas: areas that have wetlands, fragile eco-systems, the presence and/or potential presence of “species of concern” as described by the Federal Endangered Species Act and the Navajo Fish and Wildlife Department.
Future Land Use Map: the Land Use Plan maps that describe the proposed uses of land identified for development in the Chapter area.
Community Based Land Use Plan 16 Tse Daa Kaan Chapter, Navajo Nation Ground Water: the water contained in underground aquifers or various geologic formations.
Infrastructure: utilities (water, wastewater, gas, electric, solid waste facilities, telecommunications), drainage systems, streets and roads.
Land Use Plan: the document that identifies the current conditions and needs and the proposed future land use goals, priorities, and vision for the community. The plan serves as a guide for the orderly growth and development of the community, illustrated by map. The plan should also contain recommendations for its implementation. The Land Use Plan must be adopted by Chapter resolution upon CLUP Committee recommendation.
Land Use Policies: a set of policies that forms the basis of pertinent Chapter ordinances that prescribe the Chapter’s “rules and regulations” governing the process and disposition of land use issues and concerns.
LGA: the Navajo Nation Local Governance Act of 1998. This law approved by the Navajo Nation Council through CAP-34-98 grants authority to governance-certified Chapters over local issues. LGA is codified as Title 26 of the Navajo Nation Code.
NAHASDA: the Native American Housing Assistance and Self Determination Act of 1996 recognized the right of Native Nations to self-determination and tribal self-governance by providing the opportunity for Native (Diné) communities to determine for themselves all aspects of planning for housing and the development through the NAHASDA Chapter Land Use Plan and Housing Planning Project.
Navajo Nation Law: means Navajo statutes, administrative regulations and Navajo common law.
Open Space: sectors of community land use planning areas that are left in their natural state, free of any development, thus preserving the aesthetic value of these land areas.
Ordinance: a local law, rule or regulation enacted by the Chapter membership through Chapter resolution pursuant to the LGA.
Participation Process: the process developed by the CLUP Committee and the land use planning Consultant to ensure there is community participation and education during the land use plan preparation process.
Community Based Land Use Plan 17 Tse Daa Kaan Chapter, Navajo Nation Planning Process: the steps involved in preparation of the community land use plan, including o Community Assessment - the gathering/assessment of community demographics, inventory of facilities and the defining of community needs for housing, economic development and community facilities. o Land Suitability Analysis – an evaluation of potential development sites to determine if there exist natural, cultural resources and/or environmental constraints to the development process. o Infrastructure Analysis - the assessment and evaluation of data on the transportation and utilities infrastructure, particularly the utility infrastructure needed for the planned development. o Development Sites Land Use Plan – the land use plan concepts designed by the CLUP, the community leadership and Consultant. The plans are presented to the Chapter membership in a public hearing process to ascertain their comments, recommendations and approval.
Scattered Housing: housing units that are usually built on family land.
Service Area: the planning/service delivery area of a Chapter, members may live outside of the defined Chapter area and still be eligible for chapter services.
Subdivisions: a contiguous section of a planned housing area that contain any number of housing units and supportive amenities.
Surface Water: the waters that are openly on the surface of the Earth.
TAA HO A JI TEEGO: paramount Dine’ edict meaning to “do for oneself” or “achieve success through your own efforts, with initiative and determination”, consistent with the concepts of Self-Determination, Self-Reliance, Self-Sufficiency, Local Empowerment, “Home Rule” and Local Governance.
Withdrawn Land: land area sites which are withdrawn for specific development purposes which need to have surveys/clearances done such as the legal survey, cultural resources and environmental assessments.
Zoning: the land use planning element that describes areas of planned land use areas for specific uses and purposes. Such zoned lands would have Chapter ordinances that prescribe the intended uses, placement and dimensions of the sites and acceptable buildings, thereon.
Community Based Land Use Plan 18 Tse Daa Kaan Chapter, Navajo Nation Exhibit 1.9.3 List of Meetings
Date Type of Mtg. Discussion
November 03, 1999 CLUP Comm. Orientation of CLUP November 10, 1999 CLUP Comm. Vision and Goal Setting
December 07, 1999 CLUP Comm. Community Orientation
January 05, 2000 Chapter Meeting Community Assessment Survey
February 02, 2000 CLUP Comm. Orientation & CA Survey
March 01, 2000 CLUP Comm. Orientation & Pub. Hear. Prep. March 26, 2000 Community Public Hearing
April 05, 2000 CLUP Comm. Orient. & Complete CA Survey
May 03, 2000 CLUP Comm. Complete Site Analysis
June 07, 2000 CLUP Comm. Complete Infrastructure Analysis
July 05, 2000 CLUP Comm. Seeking Dev. Site
October 25, 2000 CLUP Comm. Review maps
November 18,20, 2000Chap. Officials Discuss status
December 06, 2000 CLUP Comm. Reviewing all work to date
March 29, 2001 CLUP Comm. Site Selection
April 18, 2001 CLUP Comm. Review Status
May 02, 2001 CLUP Comm. Site Analysis Report
July 24, 2001 Chap. Officials Regroup
August 24, 2001 Chap. Officials Prepare Final Report
September 05, 2001 CLUP Meeting Review Final Report
December 12, 2007 CLUP Meeting Orientation
January 29, 2008 CLUP Meeting Roads Inventory/Dev. Sites
February 04, 2008 CLUP Meeting Begin Survey February 29, 2008 CLUP Meeting Review Survey Results
March 27, 2008 CLUP Meeting Review Draft Final Report
April 14, 2008 CLUP Meeting Submittal of Final Report
June 08, 2008 Community Mtg. Public Hearing
August 14, 2008 CLUP Comm. Final Review of Final Report
Community Based Land Use Plan 19 Tse Daa Kaan Chapter, Navajo Nation Exhibit 1.9.4 Tse Daa Kaan Chapter CLUP Committee Resolution
Community Based Land Use Plan 20 Tse Daa Kaan Chapter, Navajo Nation Exhibit 1.9.5 Tse Daa Kaan Chapter Resolution
Community Based Land Use Plan 21 Tse Daa Kaan Chapter, Navajo Nation Exhibit 1.9.6 Transportation and Community Development Committee Resolution
Community Based Land Use Plan 22 Tse Daa Kaan Chapter, Navajo Nation TSE DAA KAAN CHAPTER, NAVAJO NATION
CHAPTER LAND USE PLAN
CHAPTER 2 - COMMUNITY ASSESSMENT
Community Based Land Use Plan 23 Tse Daa Kaan Chapter, Navajo Nation CHAPTER 2 – COMMUNITY ASSESSMENT
TABLE OF CONTENTS
2.1 Vision Statement
2.2 Existing Land Status
2.3 Demographic Data
2.4 Housing Data
2.5 Grazing and Agricultural Information
2.6 Community and Public Facilities Information
2.7 Commercial and Industrial Development Information
2.8 Conclusion
2.9 Exhibits
Community Based Land Use Plan 24 Tse Daa Kaan Chapter, Navajo Nation 2.1 Vision Statement
To promote and enhance local economic, social, education standards and a healthy environment to achieve a high quality of life by preserving our culture and traditions through collaborative approaches with leadership, community participation, technology and resource networks.
2.1.1 Tse Daa Kaan Chapter Land Use Planning (CLUP) Committee
November 1999 October 2007 Charlie Jones, Jr., President Sheila Jim, President Frankie Funston, Vice President Kenneth Johnson, Vice President Martha Coolidge, Secretary/Treasurer James Pioche, Secretary/Treasurer Ervin Keeswood, Sr., Council Delegate Charlie Jones, Jr., Member Harrison Jim, Sr., Grazing Committee Frankie Funston, Member Thomas Johnson, Land Board Member John Pettigrew, Member Anita Hayes, Chapter Coordinator George Henderson, Member
Tse Daa Kaan Chapter Officials
August 2001 October 2007 – Chapter Officials Charlie Jones, Jr., President Charlie Jones, Jr., President Harrison Jim, Sr., Vice President Frankie Funston, Vice President Sheila Jim, Secretary Carmelita Nelson, Secretary/Treasurer Ervin Keeswood, Sr., Council Delegate Ervin Keeswood, Sr., Council Delegate Kenneth Johnson, Grazing Committee George Henderson, Grazing Committee Eva Benally, Land Board Member John Pettigrew, Land Board Member Anita Hayes, Chapter Coordinator Anita Hayes, Chapter Manager
Community Based Land Use Plan 25 Tse Daa Kaan Chapter, Navajo Nation 2.1.2 General Chapter Information
The Tse Daa Kaan Chapter was certified by the Navajo Tribal Council on April 27, 1978 through CAP-32-78. The community of Tse Daa Kaan seceded from the Shiprock Chapter. The Tse Daa Kaan Chapter is within the District 12 Land Management District.
The Chapter is the northeastern most Navajo Nation Chapter located adjacent to and east of Shiprock, the Northern Navajo Agency headquarters. The nearest major commercial center is Farmington 25 miles east of the Chapter House. The community is located along U.S. Highway 64, a four-lane highway going east and west.
2.1.3 Brief Overview of Chapter
The former community name of Hogback was taken after the nearby natural geological formation, a column of sandstone pinnacles ranging about 700 feet high running north and south. The ridge forms a “hogback”. A segment of the ridge from the north intersects into the San Juan River. The southern segment of the ridge resumes south of the river and continues for another 12 miles. The name Tse Daa Kaan means “rock grounded into the water”, which is an inference to the gap created by the river dissecting the hogback.
Early Navajo settlement in the area as well as along the “San Juan greenbelt” has always involved farming due to the abundant water supply. Farming skills were acquired from the Pueblos through trade and commerce, especially from the Dinetah age period.
Although the chapter does not have established boundaries, the approximate shape of the chapter is elongated, running south and north, with its eastern boundary determined mostly by the hogbacks. The mid-section of the chapter is the San Juan River, the greenbelt portion, an intermediate, but cultivable level. Most of the northern and southern segment land areas are plateau and arid.
The chapter compound has experienced problems with soil shifting; this affected and damaged the original chapter house. A new chapter house had to be built as a result. In 1992 a modular pre-school building was built with steel foundation on cement to compensate for any soil shifting.
Community Based Land Use Plan 26 Tse Daa Kaan Chapter, Navajo Nation 2.2 Existing Land Status
According to the Chapter Images, 1996 issue, the Chapter has approximately 60,362 acres. The figure will likely change with the updated delineation of the Tse Daa Kaan Chapter boundary line, in accordance with the boundary line as perceived by the Chapter leadership the acreage could be as much as 1,006,503 acres.
When the Tse Daa Kaan Chapter was being planned, the local leadership established the Chapter boundary line through a survey and registration of prospective members with the new Chapter. With the registration of the prospective membership, the land areas used for livestock grazing by the registered families were generally used to establish the Tse Daa Kaan Chapter boundary line.
There was not a deliberate collaborative process with neighboring Chapters to establish Chapter boundary lines. Thus, there are overlaps of claimed land jurisdiction between Tse Daa Kaan and Shiprock and to some extent with the Sanostee Chapter.
With the acknowledgement that there are boundary overlaps between the Tse Daa Kaan Chapter and its neighbors, it is generally understood that the boundary line discrepancies will need to be addressed by the affected Chapters.
2.3 Demographic Data
The Consultant and CLUP Committee members circulated a survey throughout the community to ascertain data to develop a description of the community demographics. The completed surveys revealed the following information, which are interspersed with the 2000 Census data.
2.3.1 Population
According to the 2000 Census count the Tse Daa Kaan population is 1,386. There are 664 males or 48% and 722 females for a 52% gender representation.
Community Based Land Use Plan 27 Tse Daa Kaan Chapter, Navajo Nation 2.3.2 Chapter Population by Age Group
The 2000 Census reports the Tse Daa Kaan community population segregated by age group.
2.3.3 Population by Decades and Projection
The population count reported in Chapter Images 2004 for 1980 was 1,488, in 1990 it was 735, and in the 2000 Census the population was at 1,377, however the 1,386 total is used for consistency. It is projected that by the year 2018 the population count will be at 1,984 and the projected population by 2028 is 2,527. The population growth rate calculation is based on an annual growth rate of 2.5%.
2.3.4 Median Age
The Census count reported that the median age of the members of the households surveyed is 26.4 years of age.
Community Based Land Use Plan 28 Tse Daa Kaan Chapter, Navajo Nation 2.3.5 Chapter Population by Ethnic Group
The 2000 Census reports that of the 1,386 persons that are counted in the Tse Daa Kaan Chapter area 1,371 are Navajo, 6 are other Native American Tribal descent, 11 Anglos, 1 African American, and 5 Hispanics.
2.3.6 Marital Status
Chapter Images data reports there are 826 individuals over the age of 15 years and of that number, 325 were never married, 290 are now married, 17 are separated, 90 are widowed and 104 are divorced.
2.3.7 Veterans
The Census reported that of the 753 eligible civilian population over the age of 18, there are 90 civilian Veterans for 12% compared to 663 non-Veteran civilians for 88%. The 2000 Census count does not appear to account for active military personnel.
Community Based Land Use Plan 29 Tse Daa Kaan Chapter, Navajo Nation 2.3.8 Employment/Unemployed
The 2000 Census Employment and Labor Force data are compiled on 815 Tse Daa Kaan Chapter members over the age of 16 years that are deemed employable. The first chart is of 381 males of whom 222 are in the labor force, of that number 131 are employed, and 82 are not. The second chart is of 434 females of whom 111 are in the labor force, of these 66 are employed and 45 are not.
2.3.9 Income
The 2000 Census compiled data reflects that the Per Capita Income for the Tse Daa Kaan Chapter is $7,739, that the median family income for 1999 was at $19,635 and finally that the median household income for the year 1999 was $16,500.
2.3.10 Sources of Income
The Census report provides Sources of Income data for 332 workers including wage employment, self-employed, retirement, social security, SSI benefits, public assistance and interest/dividends/rent.
Community Based Land Use Plan 30 Tse Daa Kaan Chapter, Navajo Nation 2.3.11 Household Income Levels
The 2000 Census data on the household income levels of 332 Tse Daa Kaan community households is provided as follows.
2.3.12 Average Full Time Employment Income By Gender
The 2000 Census gives the average year-round income of the female and male work force of the Tse Daa Kaan Chapter members.
2.3.13 Job Categories of Employed
Of the surveyed homes, the community members who said that they were employed work at a variety of job categories that include 16% in the private sector, 14% in government, 25% in the industrial field, 08% in education, 10% in the medical field and 27% self employed. The Chapter Images report documents that the major employer in the community is the Navajo Nation second with 15 employees.
Community Based Land Use Plan 31 Tse Daa Kaan Chapter, Navajo Nation 2.3.14 Class of Worker
The Chapter Images 2004 data shows that of the 197 employed, 103 for 52% are private wage/salary workers and 94 or 48% are government employees. The Chapter Images does not list class of worker for self employed or unpaid family members.
2.3.15 Number of Vehicles Available
The 2000 Census survey information shows that of 325 households there were 41 households that had 3 vehicles available or more, 105 households that had 2 vehicles available, 114 had 1 vehicle available and 65 households had none.
2.3.16 Commuting to Work
The Chapter Images 2004 reports that of the 197 workers who are 16 years of age and older, 129 drove alone to work, 48 carpooled, 0 used public transportation, 0 walked to their worksites, and 20 used other means to get to work. The average travel time to work in terms of minutes was 22.8 minutes.
Community Based Land Use Plan 32 Tse Daa Kaan Chapter, Navajo Nation 2.3.17 Poverty Level
The 2000 Census finding on the level of poverty in the Tse Daa Kaan community is that of 290 families there are 102 or 35% are below the poverty level and 188 families are above the poverty level. Further of the 1,386 community members considered, there were 482 or 35% determined to be living below the poverty level and 904 individuals are above the poverty level.
2.3.18 Language at Home
The Chapter Images 2004 data on the primary language spoken in the Tse Daa Kaan homes uses a base figure of 1,012 of the population 5 years and older. Of that number, 275 or 27% speak English only at home, 737 for 73% speak Navajo/Native American, and 351 or 35% do not speak English very well.
Community Based Land Use Plan 33 Tse Daa Kaan Chapter, Navajo Nation 2.4 Housing Data
According to the 2000 Census data, the estimated number of households is 356 households. The number of completed surveys is 76, which is approximately 21% of the community households. This base number of 76 surveyed homes is used in the following data tabulations.
2.4.1 Household Members
The Chapter Images 2004 reports the average household size is 3.89 and the average family size is 4.40 persons.
2.4.2 Houses Occupied and Unoccupied
The Census count shows that of the 403 houses there are 100 vacant leaving 303 occupied households in the Tse Daa Kaan area. Chapter Images 2004 shows 356 households are occupied.
2.4.3 Household by Type
The Chapter Images 2004 shows that of the 356 households, 290 or 81% are family households and 66 or 19% are non-family households.
2.4.4 Housing Tenure
The Chapter Images 2004 further states that of the 356 households that 333 are owner-occupied households for 94% and 23 are renter- occupied for 6%.
Community Based Land Use Plan 34 Tse Daa Kaan Chapter, Navajo Nation 2.4.5 Types of Dwellings
Of the surveyed households, 02 or .03 % of the homes are hogans, 23 or 30% are mobile homes and 51 or 67% are frame houses.
2.4.6 Years of Construction
Of the 403 total number of homes according to Chapter Images 2004, 16 of the houses were constructed in the year 2000 and from the community survey it was found there were 12 homes built since then, those are added to the 16 to make 28 or 07% of the total as reflected in the graph. There were 55 or 13% were built in the 1990`s, there are 107 or 26% of the homes that were built in the 1980`s. There are 129 or 31% of the houses that were constructed in the 1970`s, there are 75 or 18% of the dwellings that were built in the 1960`s and there are 21 or 5% of the houses that were built in the 1940’s and 1950`s.
2.4.7 Home Ownership
The majority of residents stated they own their home which is 63 for a total of 83% and there are 13 or 17% that are renting.
Community Based Land Use Plan 35 Tse Daa Kaan Chapter, Navajo Nation 2.4.8 Condition of Dwellings
There are 35 residents or 46% of the 76 said their houses were in fair condition, but needed some minor repair. Most of the homes in this category are houses built between the 1970 and the year 2000.
There were 41 households or 54% stated their houses were in poor condition, they specify a number of problems they have with their homes. Many of the households report conditions that aren’t conducive to a comfortable home environment. Some of the reported conditions include; leaking roofs, deteriorating floors and walls, broken doors and windows, water pipes breaking down, houses being too small, and various stages of dilapidation and disrepair.
2.4.9 Utilities of Dwellings
The immediate community area is served by water that is developed from wells maintained by the NTUA. The NTUA also maintains the electrical systems. There are no gas lines installed to serve the Chapter area. The community is served with a telephone system that is operated and maintained by the Navajo Communications Co. The following utility data was generated through the survey:
2.4.9.1 Electricity - 67 or 88% of the dwellings have electricity and there are 9 or 12% of the homes without electricity.
2.4.9.2 Water - There are 65 or 86% of the homes that have domestic running water and 11 or 14% without water.
Community Based Land Use Plan 36 Tse Daa Kaan Chapter, Navajo Nation The 2000 Census data states that 344 of the total 403 households have complete plumbing facilities for 85%; this suggests that 59 homes do not have complete plumbing facilities or 34%. This translates to 258 of the occupied 303 houses that do not have complete plumbing facilities and 45 that do have plumbing facilities.
The 2000 Census finds 54 homes or 31% do not have complete kitchen facilities, this means 349 of the total 403 households have kitchen facilities for 87%. Thus 39 of the occupied 303 houses do not have complete kitchen facilities and 264 do have kitchen facilities.
2.4.9.3 Sewer/Septic - 62 or 82% of the homes have septic service and 14 or 18% are without septic systems.
2.4.9.4 Gas/Propane - There are 49 or 64% of the dwellings that use a propane system and 27 or 36% are without propane for heating and cooking. These latter households would rely on wood/coal burning stoves and/or electric.
Community Based Land Use Plan 37 Tse Daa Kaan Chapter, Navajo Nation 2.4.9.5 Telephone - The 2000 Census data states that 171 of the 403 households have telephones for 42%; this suggests that 342 or 58% do not have telephones. The households with phones may include cell phones.
2.4.9.6 Solid Waste – At the present time there is no landfill or transfer station in the community. The Chapter hauls the solid waste from the Chapter, the Headstart Center and the Senior Citizen Center to the Shiprock Solid Waste Transfer Station or the one located in Waterflow which is a distance of 10 miles to the east.
2.4.10 Homesite Leases and Scattered Housing Sites
Of the 76 households, 60 or 79% had approved homesite leases and 16 households or 21% did not have homesite leases.
2.4.11 Demand for Housing
2.4.11.1 Background
The Tse Daa Kaan Chapter has a serious housing need; there are too many families that live in housing with dilapidated conditions. The Chapter and pertinent Tribal programs have limited resources that can be used to help the families with the resources needed to build new homes or to substantially improve their existing housing.
2.4.11.2 Consequences
Due in part to these conditions, community members find their family members relocating to areas away from the community, where the family members have more access to resources, including employment, schools and housing. This is detrimental to the close-knit Navajo family that is accustomed to living close to each other for family support, family togetherness and the building on, of traditional familial values. This phenomenon of families moving away, in part because of the lack of housing is contributing to a breakdown of the Navajo family unit.
Community Based Land Use Plan 38 Tse Daa Kaan Chapter, Navajo Nation In these "modern" times, it is also a disturbing trend that families who live in overcrowded and dilapidated housing conditions experience a high incidence of social ills, including exposure to alcoholism, family abuse and violence. Some of the resulting psychological and physical damage is devastatingly permanent.
It is essential that families, particularly growing children have adequate living space, they all need their own space. The families who have to live in houses with dilapidated and overcrowded conditions suffer in terms of the impact the poor housing has on their self-esteem. The younger school age family members would suffer more, perhaps from ridicule and embarrassment.
2.4.11.3 The Housing Need
The Tse Daa Kaan Chapter housing need situation is calculated based on the community survey wherein 47% of the surveyed households stated a critical housing need. The calculation translates into 105 families who need new houses and 130 families who need substantial renovation or additions to their existing homes. Thus, 235 families are in need of immediate housing assistance out of the total 2008 estimated 499 households.
This number is high considering that the reported number of total households in the Tse Daa Kaan Chapter area is estimated to be 499 for the year 2008. The total number of families needing housing assistance in relation to the total number of households, show that approximately 47% of the community are in need of housing.
The estimated number of households in 10 years or the year 2018 is 637. If the housing needs are not effectively addressed, there could be as many as 299 families in dire need of housing by 2018.
Community Based Land Use Plan 39 Tse Daa Kaan Chapter, Navajo Nation 2.5 Grazing and Agricultural Information
2.5.1 Background
The Tse Daa Kaan community has natural resources that include coal, oil, farming land, water and grazing land. Prior to the advent of the large industrial coal mining activity in the area, the Tse Daa Kaan Community was host to a number of underground coalmines along the Tse Daa Kaan ridge. Navajo people from near and far came to get coal fuel from these mines for their homes. With the advent of the huge coal strip mining activity to the immediate east, these mines are no longer in use and have been sealed up.
There continues to be some oil development activity in the northeast sector of the Tse Daa Kaan Chapter area. This crude oil production has been on going for decades and the pertinent land areas are under long-term lease to oil companies, the mineral leases were put in place long before the creation of the Tse Daa Kaan Chapter.
The primary beneficial uses from the readily accessible resources include agriculture, the use of San Juan River water thereof, and the grazing of animals on the open range.
2.5.2 Land Status
The 60,362 as recorded by the Navajo Land Department or the calculated 1,006,503 acres based on the re-delineated Chapter planning area that the Tse Daa Kaan Chapter claims is Navajo Trust land. The land straddles the mighty San Juan River. The Tse Daa Kaan Chapter is bordered by the Shiprock Chapter in the northeast section, a Navajo Eastern Agency allotment, state/county/private land to the east, San Juan Chapter on the southeast side along the river, Nenahnezad Chapter on the southeast corner, Sanostee Chapter on the southern boundary and the Shiprock Chapter on the west side.
Much of the land adjacent to the San Juan River with access to the river water for irrigation is utilized for agricultural purposes. These areas have rich soil and are conducive to farming. The remaining Chapter lands are mostly of clay soil type. These lands are used primarily for grazing.
Community Based Land Use Plan 40 Tse Daa Kaan Chapter, Navajo Nation 2.5.3 Water
The perennial San Juan River flows through the Tse Daa Kaan Chapter Community. The farming community is the prime beneficiary of the river. Because of the immediate availability of the river, there has not been the perceived need to develop other sources of water such as wells. There are a limited number of wells, windmills and manmade dam structures. They are situated mostly in the outlying range areas.
2.5.4 Agriculture
The Tse Daa Kaan Community has a considerable expanse of land along the San Juan River that is dedicated to agricultural activity. The Tse Daa Kaan Community is renown in its own right as having a history of farming, growing a wide variety of crops for family consumption, to market and for exhibition at various Fairs throughout the region.
This agricultural activity has provided the means for a subsistence living for many families throughout the years. It is calculated that the Tse Daa Kaan Community utilizes approximately 22,000 acre- feet of water annually to irrigate its 3000 acres of farmland.
The headworks of the Tse Daa Kaan Irrigation Canal System are situated at the eastern most point of the Tse Daa Kaan Chapter, along the river. The canal system is a system that had its beginnings back in the 1920`s and was steadily built upon, into the 1940`s. It is an extensive system of main water delivery canals, a network of secondary delivery laterals and a system of irrigation water drainage systems.
Part of the system in Tse Daa Kaan are the “A and B Pumps” that provide irrigation water to the mesa portion of the Tse Daa Kaan farming community. For many years the community struggled with problems with this portion of the system. Only in the very recent years were there substantial improvements to the “A and B Pumps” to accommodate the Tse Daa Kaan farmers on the farming area north of Highway 64.
Community Based Land Use Plan 41 Tse Daa Kaan Chapter, Navajo Nation A total of 452 farmers are reported to use the “Hogback” Irrigation System that includes the Tse Daa Kaan and Shiprock Chapters. The system covers an area 8,869 acres; 7,795 acres of which are cultivated for annual crop production. About 337 of the farmers are estimated to be part of the Shiprock Chapter leaving an estimated number of 115 family farms in the Tse Daa Kaan Chapter area.
2.5.5 Grazing
The Tse Daa Kaan Chapter has about 50,000 acres that are used for grazing purposes by the families who continue the time-honored tradition of livestock raising. For a number of reasons livestock raising is not as strong an industry as in previous years, however the families continue to tenaciously retain and maintain their family grazing territories.
The reasons for the decrease in grazing activity include; the present sparseness of natural vegetation, the market price of livestock, the lack of interest of younger family members and the periodic periods of drought experienced by the ranching community.
Grazing and Agricultural Information summary survey data appended as Exhibit 2.9.2.
Community Based Land Use Plan 42 Tse Daa Kaan Chapter, Navajo Nation 2.6 Community and Public Facilities Information
2.6.1 Background
The Tse Daa Kaan Community is generally undeveloped in terms of community and public facilities development. This may be true because of the community’s proximity to its neighbor to the west, the Shiprock Community. Tse Daa Kaan was politically a part of the Shiprock Chapter up until 1978. As such, Tse Daa Kaan has been traditionally a part of Shiprock and thus, has relied on the community and public facilities of Shiprock.
2.6.2 Public Facilities Inventory
As a result of the above stated condition, the Tse Daa Kaan Community has only the basic and essential community facilities, from which services are provided to the Chapter membership. There are five public community facilities including; The Chapter House that provides the local government function of providing information, dispensing of various resources available from the central government, providing a forum for political discussion and planning activities. The Tse Daa Kaan community has a Headstart program to provide for the educational needs of its pre-school children. The Tse Daa Kaan Day Care Center provides daytime care for children of working parents. The Tse Daa Kaan Senior Citizens Center is a community- gathering place for elders where they partake of a nutritious noon meal, as they benefit from the socializing opportunity that is provided. The Tse Daa Kaan Chapter has a storage warehouse that is used to store farming equipment, materials and other equipment necessary for the Chapter House operation.
2.6.3 Streets - Pavement
The only pavement that exists in the Tse Daa Kaan Chapter area is the Highway 64 less than 1/2 mile south of the Chapter House. The Community does not have formally recognized streets, although there are a series of dirt roads intersecting the Community providing access to the homes.
Community Based Land Use Plan 43 Tse Daa Kaan Chapter, Navajo Nation Because of their undeveloped state, these dirt roads are not considered “streets”. The Chapter leadership does plan to obtain the resources necessary to pave the road to the Chapter House and some of the more heavily used roads by the community residents. This plan for paving would include the Chapter House parking lot.
2.6.4 Landfill/Transfer Station
The Tse Daa Kaan Community had open trash dumping areas for many years, but in recent years they have been closed and cleaned up by the Navajo Nation Solid Waste Program. There has never been an organized landfill made available for community use. The Tse Daa Kaan residents currently have access to the Shiprock Regional Solid Waste Transfer Station, which is located approximately 5 miles west of the Tse Daa Kaan Chapter House. The community also has access to another San Juan County operated Transfer Station in Waterflow, 10 miles to the east.
2.6.5 Police Station/Fire Station
` The need for a Tse Daa Kaan Police and Fire Sub Stations has not been justified, primarily because of the close proximity to the community of Shiprock. With the growing Tse Daa Kaan population, it would be reasonable to consider Police and Fire Sub- stations in the next 5 years.
2.6.6 Health/Medical Facilities
The Tse Daa Kaan Community is one community that has clear and demonstrated “ownership” of the Northern Navajo Medical Center (NNMC) situated in Shiprock. Again, due to the proximity to the Shiprock Community, rapid access and the immediate availability of NNMC, it is advantageously beneficial to the Tse Daa Kaan Community citizens. There are families who do utilize other regional health facilities or see private physicians off reservation.
2.6.7 Schools
The Navajo Nation Headstart Program operates a Headstart Center in Tse Daa Kaan. It is available to children of pre-school age in providing the foundations of a structured academic program fused with significant elements of teaching that are based in Navajo culture and teachings, including the Navajo language. This is the only school Tse Daa Kaan has at this time.
Community Based Land Use Plan 44 Tse Daa Kaan Chapter, Navajo Nation 2.6.8 Planned Construction
The Community of Tse Daa Kaan and the local leadership do not have any plans presently that would necessitate new construction, other than the need to pave the road to the Chapter House and the parking lot, as well as some of the other more used community dirt roads.
Community and Public Facilities Information summary survey data appended as Exhibit 2.9.3.
Community Based Land Use Plan 45 Tse Daa Kaan Chapter, Navajo Nation 2.7 Commercial and Industrial Development Information
2.7.1 Background
The Tse Daa Kaan Chapter Community as a community has not had the direct need to develop various services and commercial offerings, due to its closeness to Shiprock. Resultantly the community does not have any formal commercial or industrial developments.
2.7.2 Existing Businesses Inventory
Although there are no formal businesses in the Chapter area, there are some small home based businesses. Formal business is meant in terms of an entrepreneur having obtained a business site lease through the Navajo Division of Economic Development Regional Business Development Office. The three non-formal home-based businesses include two tire repair shops and an auto body repair shop.
In addition to these, there are numerous other homebased “cottage” industries that make any variation of arts and crafts and other hand made items, food stuff and farm produce. This type of cottage industry is very substantial and does provide for a significant portion of subsistence earnings for families involved with these activities.
2.7.3 Proposed New Businesses
The Tse Daa Kaan Chapter Community members and the Chapter leadership currently do not have immediate plans for development of new commercial and/or industrial development.
The Chapter Community also does not have any formal business leases withdrawn for commercial or industrial development purposes.
Commercial and Industrial Development Information summary survey data appended as Exhibit 2.9.4.
Community Based Land Use Plan 46 Tse Daa Kaan Chapter, Navajo Nation The survey of the 76 households recognized the buying trends of the community as the residents described their preferences on where they buy certain items.
2.8 Conclusion
The Tse Daa Kaan Chapter community has elected to develop plans on the future uses of Chapter lands on an as-need-basis in the future. The Chapter leadership has articulated plans on the two development sites that include the south Tse Daa Kaan proposed residential development site and the Chapter House tract.
The need to develop new economic development opportunities in the Tse Daa Kaan Chapter community is very apparent. The community’s families deserve to have public facilities and commercial outlets for purchase of basic goods and services and for the provision of some employment.
Community Based Land Use Plan 47 Tse Daa Kaan Chapter, Navajo Nation Exhibit 2.9.1 Community Assessment Survey Instrument
NAHASDA Chapter Land Use Plan Project Phase 1-Community Assessment No: ______
Survey Instrument- Tse Daa Kaan Date: ______
Interviewer: ______Location of Residence:______
No. AGE M F TRIBE RACE EDUC. IN- VETERAN EMPLOYED OCCUPATION/ REGIS. CHAPTER SCHOOL Y N Y N SKILLS N S 1.
2.
3. 4.
5. 6.
7.
8. 9. 10.
NO. AGE M F CEN. EDUC. IN- VETERAN E.M.P OCCUP. LIVE REGIS CHAPTER Y N SCH. Y N Y N SKILLS WHERE N S 1.
2.
3.
4.
A. Where employed? ______B. How long?______C. Total household annual income? ______D. Source of income?______E. Type of home? ______F. Year built?______G. Own or rent?______H. Type of exterior wall? ______I. Problems with dwelling?______J. Electricity? ______K. Water?______L. Sewer?______M. Gas?______N. Phone?______O. Grazing permit?______P. Land use permit? ______Q. How many vehicles?______R. Where does family buy food?______S. Where does family buy gas? ______T. Where does family buy clothes?______U. Where does family buy vehicles?______V. Where does family go for medical care?______W. Do family members attend Chapter meetings?______X. Civic organizations?______Y. If you were to get a new house, where would you want it?______Z. What do you feel are your greatest needs? ______NOTES:______
Chapter Land Use Plan 48 Tse Daa Kaan, Navajo Nation Exhibit 2.9.2 Grazing and Agricultural Information
Natural Resources Inventory: Type of Nat. Resource Description Land Status Location 1. Oil Crude Production Mineral Lease NE of Chapter 2. Agriculture Farming Tribal Trust Tse Daa Kaan area 3. Water San Juan River Federal Trust South of Chapter 4. Grazing Range Forage Tribal Trust Tse Daa Kaan area
Land Status: • Amount of Acreage in Chapter area? 60,362 according to Navajo Land Development • Legal Classification of Land? Tribal Trust, Allotments • Soil Type by Percentage? 10% Sandy Loam, 20% Blue Shale, 70% clay • Are any Chapter land areas under lease to Navajo Nation or other? None
Water: • What is the Community water source? Farmington Municipal System and San Juan River • Does Community claim any water rights? Yes • Are there any natural springs? Yes • Are there Wells developed? Yes • How Many? 6 • How many windmills are there? 4 • How many are not working? 2 • Are there any solar powered windmills? No • Are there manmade dams/reservoirs in Chapter area? None developed • How many livestock ponds are there in Chapter area? 8 • How many need repair? 4
Agriculture: • How many acres are reserved for agriculture? 3500 • How many are under production? 3000 • How many families have Land Use Permits? 115 • Does the Chapter assist the farmers? Yes • What different crops are planted and harvested? Corn, melons, squash, table crops, alfalfa, oats • Is there a farming cooperative? No • Source of water for irrigation? San Juan River • Approximate number of acre feet used annually? 22,000 • What method of irrigation is used by percentage? 95% flood irrigation, 5% sprinkler • Are all farms served by the community irrigation canal system? Yes • Miles of System? Approximately 25 miles • When was system constructed? 1920`s, 1930`s • Problems with the system? Pump break downs, low river flow
Grazing:
Chapter Land Use Plan 49 Tse Daa Kaan, Navajo Nation • How many acres are reserved for grazing? Approximately 50,000 • Are these grazing acres actively used? Yes • How many families have Grazing Permits? 68 • Does the Chapter assist the permittees? Yes • Approximate number of sheep in Chapter area? 670 Goats? 231 Cattle? 235 Horses? 34 • Is there a ranching cooperative? No • Source of water for livestock? River, shallow wells, water hauling • Source of feed? Natural feed, buy hay • Primary problems experienced by permittees? Drought conditions, livestock prices, lack of range feed
Exhibit 2.9.3 Community and Public Facilities Information
Chapter Land Use Plan 50 Tse Daa Kaan, Navajo Nation Public Facilities Inventory: Facility Yr. Built Yr. Renov. Blgd. Comp. Stage of Comp. 1. Chapter House 1975 1996 Yes 100% 2. Pre-School 1991 Yes - Mod Bldg 100% 3. Day Care 1999 Yes - Mod Bldg 100% 4. Senior Citizens Center 1978 1999 New facility being const 75% 5. Storage/Warehouse (Ag) 1976 Yes 100%
Streets - Pavement: • Is the road to the Chapter House paved? No • If no, how far to nearest paved road? 1/4 mile • Is Chapter parking lot paved? No • Does Community have streets? No • Are streets named? No • Are the streets paved? No • Are there plans to pave streets? Yes
Landfill/Transfer Station: • Is there a community landfill? No • Does community have access to transfer station? Yes • If yes, where is station? Shiprock, Waterflow • Who maintains station? San Juan County • How often are transfers made? Twice weekly • Is there fee for using station? No
Police Station/Fire Station: • Is there police station in community? No • If no, where is nearest station? Shiprock • How far is the nearest station? 5 miles • Is there a fire station in the community? No • If no, where is nearest Station? Shiprock
Health/Medical Facilities: • Is there a health/medical facility in the community? No • If no, where is the nearest facility? Shiprock
Schools: Name of School Type of School Gr. Level Sq. Ft. 1. Tse Daa Kaan Headstart Navajo Tribe Age 3 - 4 1380
Exhibit 2.9.4 Commercial and Industrial Development Information
Existing Businesses Inventory:
Chapter Land Use Plan 51 Tse Daa Kaan, Navajo Nation Year Year No. of Nav No. of Business Name of Business Started Lease up Acres Own Employ. Propose 1. Jim`s Tire Repair 1994 N/A 1/2 Yes 2 Tire Repair 2. NJ`s Auto Body Shop Yes Auto Body 3 Nelson’s Tire Shop Yes Tire Repair
A. Are there undeveloped leased business sites? No B. Does Chapter have land withdrawn for business or industrial development? No
Exhibit 2.9.5 Land Status Map - DRG
Chapter Land Use Plan 52 Tse Daa Kaan, Navajo Nation
Exhibit 2.9.6 Land Status Mosaic Map 1
Chapter Land Use Plan 53 Tse Daa Kaan, Navajo Nation
Exhibit 2.9.7 Land Status Mosaic Map 2
Chapter Land Use Plan 54 Tse Daa Kaan, Navajo Nation
Chapter Land Use Plan 55 Tse Daa Kaan, Navajo Nation TSE DAA KAAN CHAPTER, NAVAJO NATION
CHAPTER LAND USE PLAN
CHAPTER 3 - LAND SUITABILITY ANALYSIS
Chapter Land Use Plan 56 Tse Daa Kaan, Navajo Nation CHAPTER 3 - LAND SUITABILITY ANALYSIS
TABLE OF CONTENTS
3.1 Background – Site 1
3.2 Physical Characteristics of Development Site 1
3.3 Site Analysis Elements
3.4. Compilation of Field Data and Methodology
3.5 Accessibility
3.6 Conclusion
3.7 Consultation Coordination
3.8 Exhibits
3.9 Background – Site 2
3.10 Physical Characteristics of Development Site 2
3.11 Site Analysis Elements
3.12 Compilation of Field Data and Survey Methodology
3.13 Accessibility
3.14 Conclusion
3.15 Exhibits
CHAPTER 3 - LAND SUITABILITY ANALYSIS – SITE 1
Chapter Land Use Plan 57 Tse Daa Kaan, Navajo Nation 3.1 Background – South Tse Daa Kaan Development Site
The Tse Daa Kaan Chapter had originally selected a site for planning new development for the community. This site which is 2 miles east of the Chapter House had approximately 40 acres. The Consultant and Mr. Arnold Clifford of Carrizo Mountain Consulting performed a preliminary Biological Survey of this site and found that the site was unsuitable for development, due to two primary reasons.
These reasons include the fact that the site is in a “bowl shape” which could lead to problems with drainage. Also there is the presence of a Burrowing Owl, a registered “species of concern” with the Navajo Nation Department of Fish and Wildlife. Due to these findings, the Consultant advised the community to identify an alternative site. The South Development site was than identified and is reported on herein.
The Tse Daa Kaan Chapter leadership on March 29, 2001 advised the Consultant to proceed with the Site Analysis of the 10-acre site, consistent with Phase II of the NAHASDA Chapter Land Use Plan and Housing Planning Project. The site is located approximately 5 miles south of the Chapter House across the San Juan River and along Navajo Route 36. the Development Site Map is shown at Exhibit 3.8.2.
3.2 Physical Characteristics of Site 1
3.2.1 Climate
The Tse Daa Kaan Chapter community is situated at approximately 5200 feet elevation. Climatic conditions are that of a semi-arid desert environment. Temperatures of 100 degrees (F) occur during the hottest part of summer. Sub-zero temperatures are occasionally noted during cold winters.
The monthly mean annual temperature in the region ranges from 51- 53 degrees (F). Precipitation occurs as rain and snow primarily during two periods in the year from middle summer to early fall and from middle to late winter, with the summer precipitation exceeding the winter months. The mean annual rainfall is 6-7 inches. The prevailing winds blow from the southwest.
Chapter Land Use Plan 58 Tse Daa Kaan, Navajo Nation 3.2.2 Geology
The proposed project area is located on weathered Upper Cretaceous Mancos Shale Formation. The surrounding landforms are vast erosional plains that are shallow sloped towards the Dead Man’s Wash. Remnants of riverine terrace benches are located to the northeast far from the surveyed tract. Paleo San Juan River drainage has cut a series of terrace benches and mesas as the river meandered and down cut the surrounding erosional plains.
Nearby terrace benches and mesas are covered with gravel to small boulder size riverine terrace glacial outwash deposits that overlie Cretaceous Mancos Shale. Two to three different levels of terrace deposits of middle to late Pleistocene age are exposed to the north of the project area. Several miles to the east is the Tse Daa Kaan monoclinal ridge that exposes Cretaceous Age stratigraphic layers that dip eastward. The structural feature is considered the west boundary of the San Juan structural Basin.
3.3 Site Analysis Elements
3.3.1 Hydrologic Features
Emphemeral Streams: No surface flowing streams are located within the boundaries of the project area. The Dead Man’s Wash drainage channel is located about 250 to 300 feet east of the survey boundary. Channel dimensions are 25 to 30 feet wide by 10 feet deep with rounded side banks. The Channel bottom is moist to saturated with minor areas having shallow standing water. The moisture is derived from a groundwater source south of Navajo Route N36.
Riverine Corridor: The San Juan River corridor approximately 3 miles to the north is a perennial flowing river with an estimated average annual discharge of 2,194,800 acre feet of water measured at the Shiprock Gauging Station. River discharge levels are highest during the months of May and June during snowmelt runoff from the San Juan and La Plata Mountains located about 70 miles to the northeast. The San Juan River is far enough from the proposed site that the proposed development project will not adversely affect biotic or sensitive wildlife and aquatic habitats.
Chapter Land Use Plan 59 Tse Daa Kaan, Navajo Nation Groundwater: Water bearing characteristics of the Mancos Shale Formation is generally considered poor in shale beds and the formation serves as an aquiclude preventing groundwater from flowing between water bearing formations and non-water bearing strata of the Mancos shale. Groundwater wells within the immediate region of the study area appear to be shallow and are possibly artesian in nature. There is a well (spring) south of the highway that flows out into two small ponds.
3.3.2 Soils Information
The proposed development site is located in mainly one soil type complex known as the Littlehat-Persayo-Badlands complex. On-site observation of generalized soils type indicates that Littlehat and Persayo types are prevalent throughout the study area. Littlehat and Persayo type soils are siltyclay to clayey. The soil types are mixed with aluvial deposited soils throughout the surveyed tract. Soils in the Dead Man’s Wash drainage channel are moist to saturated and are gleyed with dark grayish colors indicative of hydrophytic conditions.
The conclusion of the Consultant is that this soil type, commonly referred to, as clay soils in laymen terms, will present some concerns with the proposed development of the 10-acre site. The community and the developers will need to have geo-technical assessments performed for the formulation of strategies that could be utilized prior to proceeding with development in this soil type.
3.3.3 Topography
The project area is located on weathered Mancos Shale about 4 miles east of the intersection of Navajo Route N36 and US Highway 491, along the north side of N36. The surveyed area is situated on a gentle eastward sloping hillside and swale that continues east to the drainage.
The eastern boundary is about 250 to 300 feet away from Dead Man’s Wash drainage. The boundary was arbitrarily set to provide an adequate buffer zone for wildlife that inhabit the drainage channel bottom and also to provide sufficient width for any possible lowland flooding along the areas adjacent to the drainage channel. The southern edge is bordered by Navajo Route N36 highway right-of- way fenceline and highway.
Chapter Land Use Plan 60 Tse Daa Kaan, Navajo Nation The conclusion of the Consultant is that the slope and general topography of the area is conducive to housing development; the general slope of 1-2% is excellent.
3.3.4 Vegetation and Wildlife
3.3.4.1 Vegetation
Vegetation community cover types were determined by visual observation of existing flora throughout the project area. Dominant and co-dominant plant species, associated plant species and estimated total percent plant cover were all determined during the survey. The flora listing of the approximate 54 different plants is at Exhibit 3.8.7.
Pseudo-Riparian - Plant community associated with the moist Dead Man’s Wash drainage channel include the plant species assemblage of Salt Cedar, Broad-leaved Cattail, Common Reed and Common Threesquare. Total Vegetative cover ranges from 65 to 90%.
The moist channel is a direct result of the ground water development south of Navajo Route N36 where groundwater has been tapped into and water is freely flowing out of pipes. The water drains down the channel and provides moisture throughout the year.
Salt Desert Scrub - Co-dominant or dominant shrub species consists of Castle Valley Saltbush and New Mexico Saltbush. Associate grass species include an occasional Alkali sacaton and Galleta. Total native vegetative plant cover range from 4 to 8%. The uplands immediately adjacent to the drainage channel are dominated by New Mexico Saltbush and Alkali Sacaton. Vegetation cover type is found on shallow sloped eroded Mancos Shale covered by alluvium.
Areas with less than 5% total vegetative cover consists of monocultural Mat Saltbush and no grass cover. The majority of the project area falls within this plant community cover type. Vegetation cover type is found on eroded Mancos shale ridges and extended lobate fingers.
Chapter Land Use Plan 61 Tse Daa Kaan, Navajo Nation 3.3.4.2 Wildlife
Wildlife field data was developed based on field observation of wildlife tracks, droppings, special habitat inventory, animal occurrence and other life forms analysis. See Exhibit 3.8.8 for species list.
Rodents: Several small active prairie dog colonies are located on shallow sloped swales in the extreme northwestern portion of the project area. The prairie dog colonies are located on an estimated 1-2 acre area with about 10-15 individual burrows. Other small rodent activity noted throughout the project area include, evidence of field mice droppings and possible kangaroo rat tracks.
Carnivores: Signs of carnivore activity observed during the survey include, a single mature Red Fox was observed being chased off by two Northern Harriers along the Dead Man’s Wash drainage channel east of the survey area. There are several possible Red Fox den entrances located along the drainage channel.
Also observed were Coyote tracks and droppings. Historically, other carnivores that have been documented include Gray Wolf, Bobcat and several weasel species. However, it is very unlikely any of these species reside in or near the study area at the present time.
Raptors: Bird species of interest found near the study area include, two Northern Harriers hovering within the immediate vicinity of Dead Man’s Wash drainage east of the study area. One raptor was mature and the other a juvenile. The pair of raptors have a nest within the moist drainage channel bottom and were quite vocal diving down on a Red Fox, chasing it away.
Minor potential habitat exists for Burrowing Owls in active prairie dog colonies, however the colonies are too small and very scattered to provide suitable habitat within the surveyed tract. No raptors of concern nesting or utility sites are found within the study area.
Chapter Land Use Plan 62 Tse Daa Kaan, Navajo Nation Potential nesting sites for raptors exist several miles to the east along the Tse Daa Kaan Monocline and along the San Juan River corridor to the north. Bald Eagles and Golden Eagles use the San Juan River corridor for nesting, mating and rearing young eaglets during the winter months.
The proposed housing development project will have significant impact on wildlife inhabiting the area. However, these impacts should be limited to small rodents, reptiles and small prairie dog colonies scattered within the central portion of the project area.
Evidence of domestic and/or feral animal activity within the study area include, tracks made by cattle, sheep, horse and feral dogs.
The conclusion of the Consultant is that development of the 10 acres is very feasible, in consideration of the absence of federally protected listed vegetation and wildlife and the limited impacts as presented herein.
3.3.5 Culturally Significant Areas
Through a review of archeological records with the Navajo Historic Preservation Department for the specific site and vicinity, there were not any files found pertinent to the study area.
Thus, the recommendation of the Consultant is that the community will need to have a Cultural Resources Survey and Environmental Assessment completed for the proposed development site to assure that there are no cultural resources or environmental issues that need to be considered within or adjacent to the development site.
3.3.6 Traditionally Sensitive Areas
Through interviews with the Chapter leadership, the Consultant ascertained that there are no significant traditionally sensitive areas in the vicinity of the proposed development site. There have been no traditional ceremonies performed there in recent memory. The Consultant concludes that there are no traditionally sensitive areas that will hinder the proposed developed.
Chapter Land Use Plan 63 Tse Daa Kaan, Navajo Nation 3.3.7 Environmentally Sensitive Areas - (Endangered, Threatened and Sensitive Flora)
Federally funded agencies are prohibited from authorizing or carrying out any development projects or activities that may jeopardize the existence of any federal listed species under the Endangered Species Act of 1973. Therefore it is necessary to inventory plants and animals that are Endangered, Threatened and Sensitive before any construction activities are planned.
3.3.7.1 Discussion on Endangered, Threatened and Sensitive Flora in the region.
Federally protected plants found growing in this habitat type near the project area are; Sclerocactus mesa-verdae (Mesa Verde Cactus), Astragalus humillimus (Mancos Milkvetch) and Astragalus tortipes (Sleeping Ute Mountain Milkvetch).
Two Sensitive species Proatriplex pleiantha (Four Corners Orach) and Astragalus cronquistii (Cronquist's Milkvetch) are known to grow in similar habitat types, but was not observed in the study area. Minor tracts of land within the study area can be considered potential habitat for Mesa Verde Cactus.
• Sclerocactus mesa-verdae (Mesa Verde Cactus)
Federal Status: Listed Threatened
Description: Stems mainly solitary but may form clusters of up to 15 stems, oval to depressed globose stems 3-11 cm (1.25-3.5 inches) tall; central spines none or rarely 1, radial spines 8-11, 6-13 mm long; flowers cream to pink, 2 cm in diameter; fruit green turning tan; flowering period late April to early May.
Known Distribution: San Juan County, New Mexico and Montezuma County, Colorado.
Habitat: Salt desert scrub communities at 1,485-1,820 m (4,900-6,000 feet). Restricted to the Mancos Shale and Fruitland Formations. The Cactus is often found growing on the tops of weathered adobe hills and benches.
Chapter Land Use Plan 64 Tse Daa Kaan, Navajo Nation Remarks: No Mesa Verde Cacti were found growing within the study area. Potential habitat encountered was surveyed extensively with no reported populations of this rare cactus. Immediate threats include illegal collecting and habitat destruction caused by off road vehicles, Oil - Gas development and Economic and Urban development.
• Astragalus humillimus (Mancos Milkvetch)
Federal Status: Listed Endangered
Description: Perennial plant with stems forming clumps up to 30 cm across, spiny leaf stalks persistent; leaves with 7-11 oval leaflets; flower branches short, 1-4 flowered, petals lavender to purplish; flowering late April and early May.
Known Distribution: San Juan County, New Mexico and Montezuma County, Colorado.
Habitat: Grows in joint fractures and shallow depressions on rimrock of Point lookout Sandstone Member of the Mesa Verde Group at 1500-2000 m (5000-6500 feet).
Remarks: The Mancos milkvetch grows on ledges and mesa tops in slickrock habitat of the Mesa Verde Group. No sandstone habitat was found within the study area. The nearest known location of the Mancos milkvetch is along the western flanks of the Tse Daa Kaan monocline, several miles to the northeast.
• Astragalus tortipes (Sleeping Ute Mountain Milkvetch)
Federal Status: Proposed listing
Description: Stems few, usually 1-6 from a subterranean root crown, white strigose pubescent throughout; leaves 8- 18 cm (3.25-7.5 inches) long, linear; flowers pale yellow; pedicels recurved during late anthesis; pods hyperflexed; flowers in May.
Chapter Land Use Plan 65 Tse Daa Kaan, Navajo Nation Known Distribution: Ute Mountain Ute Indian Reservation, Montezuma County, Colorado. Known only from the southern foothills of the Sleeping Ute Mountains.
Habitat: Salt desert scrub plant communities on weathered Mancos Shale overlain by pediment gravel at 1725 m (5,700 feet).
Remarks: A newly described species discovered during surveys conducted for seismic line and irrigation canal system for the Southern Ute Tribe in southwest Colorado. This new species exists within the region and may occur in New Mexico.
• Proatriplex pleiantha (Four Corners Orach)
Federal Status: Candidate threatened
Description: Annual forb, ascending stems 0.5-1.5 dm (2- 6 inches) tall, succulent, glabrous to sparingly scurfy; leaves alternate to subopposite, petiolate, leaf blades are 5-15 mm long and about as wide, ovate to suborbicular; flowers unisexual, monoecious; flowering period occurs in May.
Known Distribution: San Juan County, New Mexico; Montezuma County, Co. and San Juan County, Utah.
Habitat: The Four Corners Orach grows on barren desert badlands often devoid of any vegetation. It grows on Mancos Shale and Fruitland Shale formations at 1500- 1650 m (5000-5500 feet) elevation.
Remarks: Most sightings in New Mexico occur south of Fruitland, New Mexico on Navajo Tribal Lands leased to BHP Minerals. Populations in Colorado are on the Ute Mountain Ute Indian Reservation. Potential habitat exists within the study area but no plants were discovered.
• Astragalus cronquistii (Cronquist's Milkvetch)
Federal Status: Candidate threatened
Chapter Land Use Plan 66 Tse Daa Kaan, Navajo Nation Description: Perenial herb, caulescent stems 1.5-4 dm (6- 24 inches) tall; leaves 1.5-4.5 cm (0.75-1.75 inches) long, yellow green leaflets 6-25 mm (0.125-1 inch) long; flowers dull pink-purple, flowering during May; fruits linear-elliptic, sessile, declined pendulous.
Known Distribution: San Juan County, Utah and Montezuma County, Colorado.
Habitat: Rocky benches, ridges and sandy washes in salt desert scrub and blackbrush communities on Cutler, Morrison and Mancos Shale Formations at 1450-1500 m (4750-5000 feet) elevation.
Remarks: Potential habitat exists for this rare milkvetch within the proposed project area, however no plants were found during the field survey. Cronquist's milkvetch is known only from Comb's wash area in San Juan County, Utah and in the southern foothils of the Sleeping Ute Mountains, Montezuma County, Colorado.
3.3.7.2 Endangered, Threatened and Sensitive Fauna
Animals of concern found in or near the proposed project area San Juan County, New Mexico include: Aquila chrysaetos (Golden Eagle), Haliaeetus leucocephalus (Bald Eagle), Falco peregrinus (Peregrine Falcon), Buteo regalis (Ferruginous Hawk), Buteo lagopus (Rough- legged Hawk), Buteo swainsoni (Swainson's Hawk) and Asio flammous (Burrowing Owl).
• Aquila chrysaetos (Golden Eagle)
Federal Status: Federal Sensitive Species
Remarks: Golden Eagles winter along the San Juan River and may nest and breed along the river corridor. The development project should have no effect on the eagles or their habitat.
• Haliaeetus leucocephalus (Bald Eagle)
Federal Status: Listed Endangered
Chapter Land Use Plan 67 Tse Daa Kaan, Navajo Nation Remarks: Bald Eagles have been observed along the San Juan River corridor and occasionally winter along the river. Some Bald Eagles are observed during the summer months. The project should have no effect on the birds.
• Falco peregrinus (Peregrine Falcon)
Federal Status: Federally protected
Remarks: No potential nesting sites were noted within the immediate area of the study area. These raptors are occasionally reported passing through the area.
• Buteo regalis (Ferruginous Hawk)
Federal Status: Federal Candidate Species
Remarks: Ferruginous Hawks inhabit dry, open country, often perching on trees, utility poles and on the ground. No Ferruginous Hawks were observed during the survey.
• Buteo lagopus (Rough-legged Hawk)
Federal Status: Sensitive Species
Remarks: One single Rough-legged Hawk was observed hovering above the clayey knolls about 1 mile north of the study tract. No nest or potential nesting sites are reported from the immediate area.
• Buteo swainsoni (Swainson's Hawk)
Federal Status: Sensitive Species
Remarks: Swainson's Hawk are occasionally reported in cottonwood groves along the upper San Juan River corridor near Navajo Dam area. These raptors may occasionally fly down the San Juan River.
• Asio flammous (Burrowing Owl)
Federal Status: None (Navajo Tribal Species of Concern)
Chapter Land Use Plan 68 Tse Daa Kaan, Navajo Nation Remarks: One burrowing Owl was observed for several hours among active prairie dog colonies located in the central portion of the study tract.
3.3.7.3 Summary of Survey Results
Upon the completion of rare plants and cactus inventory, no plant species of concern were reported occupying the survey tract. The study area was determined to have poor habitat for any flora of concern.
Two raptors currently reside and nest within 250 feet east of the eastern survey boundary. There is also within the confines of the drainage channel, a Red Fox den. The Red Fox is a Navajo Nation animal species of concern.
The upland swale area surveyed provides an excellent area on which to build the proposed development. The buffer zone established along the eastern edge may need to be increased to provide a larger habitat zone for wildlife that currently inhabit the narrow drainage channel corridor.
3.4 Compilation of Field Data and Methodology
The field survey was conducted on approximately 10-12 acres. The field survey was completed on June 24, 2001, with one field surveyor conducting the groundwork. Field survey methodology consists of walking out the entire survey boundary in small manageable blocks of 1-2 acres, traversing the 1-2 acres block back and forth to ensure 90% total ground cover was achieved. A 50-foot buffer zone was also surveyed beyond the required survey boundary.
Raptor surveys were conducted by visual surveys of all powerline poles, fencelines and any protruding high areas with the aid of binoculars and field spotting scopes.
3.5 Accessibility
The proposed development site selected by the Tse Daa Kaan Chapter is located approximately 4 miles east of U.S. Highway 491, along the heavily traveled Navajo Route 36. The site is on the north side of NR 36 towards the San Juan River. The site has excellent access.
Chapter Land Use Plan 69 Tse Daa Kaan, Navajo Nation 3.6 Conclusion
The Consultant concludes that this site is a good development site. The positive attributes that the site has to offer, is that there are no federally listed species of concern, no cultural or traditional sensitive areas and has the concurrence of the grazing permittees for the initial assessments. It is understood that the decision of whether to build on the site will be a matter to be decided upon at a later time.
The accessing of utility infrastructure would not be difficult as electrical and water lines are in reasonable close proximity of the site.
The issues of concern include the soil type wherein there would need to be geo-technical assessments done to determine the suitability of the soil and to determine what remedial measures may be necessary to prepare the soil for development. The site has good topography with a gentle slope to the east at approximately 1-2%, providing for good drainage.
Another item to be addressed by the community is that the archeological survey will need to be done to determine if there are any cultural resources that need to be considered and addressed prior to any development. The required environmental assessment will also need to be done.
The last issue of concern is regarding the presence of a Navajo Nation listed “species of concern” – the Red Fox. The Navajo Nation Department of Fish and Wildlife will need to provide advisement on how to treat this issue. With these items addressed in due course, the Tse Daa Kaan community would be well served in developing this proposed development site.
3.7 Consultation Coordination
The Consultant credits Mr. Arnold Clifford, Botanist-Geologist, Carrizo Mountain Consulting of Beclabito, Navajo Nation for the commendable fieldwork performed on the Vegetation, Wildlife and Environmentally Sensitive Area elements of this Phase II Land Suitability Analysis on the 10 acres identified for development purposes by the Tse Daa Kaan community.
Chapter Land Use Plan 70 Tse Daa Kaan, Navajo Nation Exhibit 3.8.1 Selected References
Allred, K.W. 1980's. A Field Guide to the Grasses of New Mexico. Department of Animal and Range Sciences. New Mexico State University.
Barneby, R. 1989. Fabales. In Intermountain Flora, Vol. 3, Part B. New York Botanical Garden, Bronx, New York.
Benson, L. 1982. The Cacti of the United States and Canada. Stanford University Press, Stanford, California.
Brown, D.E. 1982. Biotic Communities of the American Southwest - United States and Mexico. In Desert Plants. University of Arizona, Tucson, Arizona.
Cooley, M.E., J.W. Harshbarger, J.P. Akers and W.f. Hardt. 1969. Regional Hydrogeology of the Navajo and Hopi Indian Reservations, Arizona, New Mexico and Utah.
Geological Survey Professional Paper 521-A. United States Government Printing Office, Washington D.C.
Cronquist, A., A.H. Holmgren, N.H. Holmgren, J.L. Reveal and P.K. Holmgren. 1977. Intermountain Flora. Vascular Plants of the Intermountain West, USA. Vol. 6 - The Monocotyledons. New York Botanical Garden. Columbia University Press.
Cronquist A., A.H. Holmgren, N.H. Holmgren, J.L. Reveal and P.K. Holmgren. 1984.
Intermountain Flora. Vascular Plants of the Intermountain West, USA. Vol. 4 - Subclass Asteridae (except Asteraceae). New York Botanical Garden, Bronx, New York.
Cronquist, A., A.H. Holmgren, N.H. Holmgren, J. L. Reveal and P.K. Holmgren. 1994. Intermountain Flora. Vascular Plants of the Intermountain West, USA. Vol. 5 - Asterales. New York Botanical Garden, Bronx, New York.
Dane, D.H. and G.Q. Bachman. 1965. Geologic Map of New Mexico (Scale 1:500,000). United States Geological Survey.
Findley, U.S., A.H. Harris, D.E. Wilson and D. Jones. 1975. Mammals of New Mexico. University of New Mexico Press, Albuquerque, New Mexico.
Chapter Land Use Plan 71 Tse Daa Kaan, Navajo Nation Heil, K. 1995. Endangered, Threatened and Sensitive Plant Field Guide. Bureau of Land Management, Farmington District. Desert Dolphin, Inc., Durango, Colorado.
Kearney, T.H., R.H. Peebles and collaborators. 1964. Arizona Flora. University of California Press. Berkeley and Los Angeles, California.
Martin, W.C. and C.R. Hutchins. 1980. A Flora of New Mexico. J. Cramer Press. Germany.
McDougall, W.B. 1973. Seed Plants of Northern Arizona. The Museum of Northern Arizona. Flagstaff, Arizona.
National Geographic Society. 1983, 1987. Field Guide to the Birds of North America - Second Edition. Washington D.C.
New Mexico Forestry and Resources Conservation Division. Inventory of Rare and Endangered Plants of New Mexico. Edited by R. Sivinski and K. Lightfoot. 1994. Santa Fe, New Mexico.
New Mexico Native Plant Protection Advisory Committee. 1984. A Handbook of Rare and Endemic Plants of New Mexico. University of New Mexico Press, Albuquerque, New Mexico.
Schmitt, C.G. 1976. Summer Birds of the San Juan Valley, New Mexico. Ornithological Society Publication No. 4.
United States Department of Commerce, Weather Bureau. 1965, 1976. Local Climatological Data. Annual Summary. United States Government Printing Office.
United States Department of the Interior. 1978. Disrict 12 Shiprock Agency Soil and Range Inventory Technical Report. Bureau of Indian Affairs, Branch of Land Operations.
Weber, W.A. 1987. Colorado Flora: Western Slope. Colorado Associated University Press. Boulder, Colorado.
Welsh, S.L., N.D. Atwood, L.C. Higgins, S, Goodrich. 1993. A Utah Flora. Printing Services, Brigham Young University, Provo Utah.
Chapter Land Use Plan 72 Tse Daa Kaan, Navajo Nation Exhibit 3.8.2 Development Sites Map
Chapter Land Use Plan 73 Tse Daa Kaan, Navajo Nation Exhibit 3.8.3 South Tse Daa Kaan Development Site Soils Data Map Legend
1. 113 – Gyptur Complex Map Unit Setting Map Unit Composition Elevation: 5,000 to 5,600 feet Gyptur and similar soils: 85% Mean annual precipitation: 5 to 8 inches Gypsum content: 25% Mean annual air temperature: 52 to 54 degrees F Frost-free period: 140 to 160 days Description of Gyptur Slope: 0 to 3% Drainage class: Well drained Permeability: Very low to moderately high Typical Profile 0 to 2 inches: Very fine sandy loam 2 to 5 inches: Silty clay loam 5 to 17 inches: Gypsiferous material 17 to 46 inches: Loam 46 to 56 inches: Bedrock Suitability for Small Building Construction – Somewhat limited Volume of All Vegetation Growth in Normal Conditions – 400 lbs. per acre per year
2. 250 – Littlehat-Persayo-Nataani Complex Map Unit Setting Map Unit Composition Elevation: 4,900 to 6,300 feet Littlehat and similar soils: 35% Mean annual precipitation: 5 to 8 inches Pesayo and similar soils: 30% Mean annual air temperature 52 to 54 degrees F Nataani and similar soils: 20% Frost-free period: 140 to 160 days Description of Littlehat Description of Persayo Description of Nataani Slope: 1 to 15% 1 to 5% 1 to 3% Drainage class: Well drained Well drained Somewhat excessive drained Permeability: Very low to mod high Very low to mod high Very low to mod high Typical Profile 0 to 2 inches: Silty loam 0 to 2 inches: Very fine loam 0 to 3 inches: Fine sandy loam 2 to 31 inches: Silty loam 2 to 15 inches: Clay loam 3 to 12 inches: Fine sandy loam 31 to 41 inches: Bedrock 15 to 30 inches: Sandy clay loam 12 to 20 inches: Fine sandy loam 20 to 28 inches: Sandy loam
113 - Suitability for Small Building Construction – Very Limited Volume of All Vegetation Growth in Normal Conditions – 500 lbs. per acre per year
250 - Suitability for Small Building Construction – Somewhat Limited Volume of All Vegetation Growth in Normal Conditions – 335 lbs. per acre per year
Chapter Land Use Plan 74 Tse Daa Kaan, Navajo Nation Exhibit 3.8.4 South Tse Daa Kaan Development Site Soils Data Map
Chapter Land Use Plan 75 Tse Daa Kaan, Navajo Nation
Exhibit 3.8.5 Tse Daa Kaan Chapter Tract Development Site Soils Data Legend
Chapter Land Use Plan 76 Tse Daa Kaan, Navajo Nation 1. 102 – Blackston-Camac-Rock Outcrop Complex Map Unit Setting Map Unit Composition Elevation: 4,600 to 9,800 feet Blackston and similar soils: 55% Mean annual precipitation: 5 to 8 inches Camac and similar soils: 20% Mean annual air temperature: 52 to 54 degrees F Rock Outcrop: 15% Description of Blackston Frost-free period: 140 to 160 days Slope: 0 to 2% Drainage class: Well drained Permeability: Moderately high to high Typical Profile 0 to 3 inches: Gravelly sandy loam 15 to 35 inches: Very gravelly coarse sandy loam 3 to 9 inches: Sandy loam 35 to 70 inches: Very cobbly loamy coarse loam 9 to 15 inches: Gravelly sandy clay loam Suitability for Small Building Construction – Not limited Volume of All Vegetation Growth in Normal Conditions – 353 lbs. per acre per year
2. 200 –Tocito Silt Loam Map Unit Setting Map Unit Composition Elevation: 4,800 to 5,300 feet Tocito and similar soils: 85% Mean annual precipitation: 5 to 8 inches Frost-free period: 140 to 160 days Mean annual air temperature 52 to 54 degrees F Description of Tocito Slope: 1 to 3% Drainage class: Well drained Permeability: Moderately high Typical Profile 0 to 6 inches: Silty loam 16 to 28 inches: Silt loam 6 to 12 inches: Clay loam 28 to 70 inches: Clay loam, silty clay loam 12 to 16 inches: Silty clay loam Suitability for Small Building Construction – Not Limited Volume of All Vegetation Growth in Normal Conditions – 500 lbs. per acre per year
3. 265 – Camac-Kimbeto-Badlands Complex Map Unit Setting Map Unit Composition Elevation: 4,600 to 6,100 feet Kimbeto and similar soils: 35% Mean annual precipitation: 5 to 8 inches Camac and similar soils: 35% Mean annual air temperature 52 to 54 degrees F Badland: 15% Frost-free period: 140 to 160 days Description of Camac Description of Kimbeto Description of Badland Slope: 15 to 50% 0 to 5% 8 to 20% Drainage class: Well drained Well drained Well drained Permeability: Very low to mod high Mod high to high Very low to mod high Typical Profile 0 to 3 inches: Very cobbly fine 0 to 2 inches: Fine sandy loam 0 to 60 inches: Bedrock sandy loam 2 to 10 inches: Loam 3 to 16 inches: Gravel sandy loam 10 to 54 inches: Loam 34 to 38 inches: Bedrock 54 to 66 inches: Cobbly clay loam Suitability for Small Building Construction – Very Limited Volume of All Vegetation Growth in Normal Conditions – 329 lbs. per acre per year Exhibit 3.8.6 Tse Daa Kaan Chapter Tract Development Site Soils Data Map
Chapter Land Use Plan 77 Tse Daa Kaan, Navajo Nation
Exhibit 3.8.7 Environmental Sensitive Areas Map
Chapter Land Use Plan 78 Tse Daa Kaan, Navajo Nation
Exhibit 3.8.8 Photos of Proposed Tse Daa Kaan South Development Site
Chapter Land Use Plan 79 Tse Daa Kaan, Navajo Nation
PHOTO 1 - Taken from west-central location of site
PHOTO 2 - Taken from south-central location of site
Exhibit 3.8.9 Flora of the Proposed Tse Daa Kaan South Development Site
Chapter Land Use Plan 80 Tse Daa Kaan, Navajo Nation APIACEAE - Parsley Family
Cymopterus bulbosus A. Nels. Onion Spring Parsley
ASTERACEAE - Sunflower Family
Artemisia spinescens D.C. Eaton in Wats. Budsage Chrysothamnus nauseosus (Pallas) Britt. Rubber Rabbitbrush Grindelia squarrosa (Pursh) Dunal Curly Gumweed Lactuca serriola L. Prickly Lettuce Leucelene ericoides (Torr.) Greene Rose-heath Townsendia annua Beaman Tragopogon dubius Scop. Salsify
BORAGINACEAE - Borage Family
Lappula occidentalis (Wats.) Greene Western Stickseed
BRASSICACEAE - Mustard Family
Descurainia pinnata (Walter) Britt. Pinnate Tansy Mustard var. osmiarum (Cockerell) Shinn. Malcolmia africana R. Br. in Ait. African Mustard Sisymbrium altissimum L. Tumbling Mustard Streptanthella longirostris (Wats.) Rydb.
CAPPARACEAE - Caper Family
Cleome lutea Hook. Yellow Beeplant Cleomella palmeriana Jones
CHENOPODIACEAE - Goosefoot Family
Atriplex confertifolia (Torr. & Frem.) Wats. Shadscale Atriplex gardneri (Moq.) D. Dietr. Castle Valley Saltbush var. cuneata (A. Nels.) Welsh Atriplex obovata Moq. New Mexico Saltbush Atriplex powellii Wats. Powell Orach Atriplex saccaria Wats. Stalked Orach Atriplex sp. nov.
Bassia hyssopifolia (Pallas) Kuntze
Chapter Land Use Plan 81 Tse Daa Kaan, Navajo Nation Halogeton glomeratus (Bieb.) C.A. Mey. Halogeton Kochia scoparia (L.) Schrader Summer Cypress Salsola iberica Sennen & Pau Tumbleweed
CYPERACEAE - Sedge Family
Cyperus sp. Eleocharis palustris (L.) R. & S. Creeping Spikerush Scirpus pungens Vahl. Common Threesquare
FABACEAE - Pea Family
Astragalus nuttallianus A. DC. Small-flowered milkvetch
GERANIACEAE - Geranium Family
Erodium cicutarium (L.) L'Her. Storksbill
HYDROPHYLLACEAE - Waterleaf Family
Phacelia sp.
JUNCACEAE - Rush Family
Juncus balticus Willd. Wiregrass
LILIACEAE - Lily Family
Androstephium breviflorum Wats.
MALVACEAE - Mallow Family
Sphaeralcea fendleri Sphaeralcea parvifolia A Nels. Nelson Globemallow
PLANTAGINACEAE - Plantain Family
Plantago lanceolata L. Narrowleaf Plantain Plantago patagonica Jacq. Woolly Plantain
POACEAE - Grass Family
Chapter Land Use Plan 82 Tse Daa Kaan, Navajo Nation Bromus tectorum L. Cheatgrass Elymus smithii (Rydb.) Gould Western Wheatgrass Eremopyrum triticeum (Gaertn.) Nevski Annual Wheatgrass Festuca octoflora Walter Sixweeks Fescue Hilaria jamesii (Torr.) Benth. Galleta Hordeum jubatum L. Foxtail Barley Oryzopsis hymenoides (R. & S.) Ricker Indian Ricegrass Phragmites australis (Cav.) Trin. ex Steudel Common Reed Polypogon monspeliensis (L.) Desf. Rabbitfoot Grass Puccinellia nuttalliana (Schultes) A.S. Hitchc. Nuttall Alkaligrass Sitanion hystrix (Nutt.) J.G. sm. Squirreltail Grass Sporobolus airoides (Torr.) Torr. Alkali Saccaton
POLYGONACEAE - Buckwheat Family
Eriogonum divaricatum Hook. Spreading Buckwheat Eriogonum gordonii Benth. in DC. Gordon Buckwheat Eriogonum salsuginosum (Nutt.) Hook. Smooth Buckwheat
TAMARICACEAE - Tamarisk Family
Tamarix ramosissima Ledeb. Salt Cedar
TYPHACEAE - Cattail Family
Typha latifolia L. Broad-leaved Cattail
Exhibit 3.8.10 Fauna of the Proposed Tse Daa Kaan South Development Site
Chapter Land Use Plan 83 Tse Daa Kaan, Navajo Nation Mammals
Bovis sp. Cattle Canis domesticus Feral Dog Canis latrans Coyote Cynomys gunnisoni Gunnison Prairie dog Equus sp. Horse Ovis sp. Sheep
Birds
Agelaius phoeniceus Red-winged Blackbird Cathartes aura Turkey Vulture Circus cyaneus Northern Harrier Corvus corax Common Raven Falco sparverius American Kestrel Eremophila alpestris Horned Lark Hirundo pyrrhonota Cliff Swallow Sturnella neglecta Western Meadowlark
LAND SUITABILITY ANALYSIS – SITE 2
Chapter Land Use Plan 84 Tse Daa Kaan, Navajo Nation 3.9 Background – Chapter House Tract Development Site
The Tse Daa Kaan Chapter selected two sites as potential areas for the planning of new development. The second identified site is the area encompassed within the Tse Daa Kaan Chapter House withdrawn tract and the Land Suitability Analysis of the site is reported on herein. The site is the 15-acre tract that the Chapter House and a number of other community facilities are situated on located 1/4 mile north of NM 64 along NR5031. Development Site Maps are shown at Exhibits 3.8.2.
The site was surveyed for Cultural Resources on May 18, 1992 by Denise R. E. Copeland, M.A., Archeologist III of the Navajo Capital Improvement Development Department, the conclusion of the survey was that there were no eligible properties or archeological resources found. A Notification to Proceed was issued on September 02, 1992 by the Navajo Nation Historic Preservation Office.
The Rez Star Consultant in updating the Land Use Plan engaged Mr. Arnold Clifford to conduct a pedestrian review of the Chapter House Tract site on February 21, 2008 to determine the information deemed to be lacking in the Cultural Resources Survey report.
The Biologic Assessment (BA) provides biologic baseline information derived from field analysis of the proposed Community Development Project Area. The information helps to determine potential environmental effects that the proposed project would have on federally listed Endangered, Threatened and Sensitive species that may occur within the project site. Endangered, Threatened and Sensitive species are regulated and protected under the Endangered Species Act (ESA) of 1973 (PL 93- 205, as amended). The ESA requires all federal funded agencies and proposed projects that are implemented not to jeopardize, destroy or modify any designated critical habitat or populations of any species listed.
The Biologic Assessment is a way to analyze, review and document effects on federal listed species as a result of the proposed development project. The biologic field survey provides an analysis of the project area and the potential effects of project implementation would have on plants and animal federally listed as Endangered, Threatened or Sensitive. Below are three possible determinations to be chosen for listed species based on field data, scientific literature and professional judgment of the biologists that completed the field evaluation. The three determinations area as follows: “No effect” – No effect expected
Chapter Land Use Plan 85 Tse Daa Kaan, Navajo Nation “May effect, not likely to adversely effect” – Effects are expected to be insignificant or discountable: and “May effect, likely to adversely effect” – effects are expected to be adverse or detrimental.
3.9.1 Description of Proposed Action
Tse Daa Kaan Chapter is proposing to develop its current fenced off portion of the chapter house complex. Approximately 10-12 acres were surveyed. On site are located the current chapter house, pre- school, senior citizens center, metal storage sheds, equipment yard and a large open area that has been leveled and graded. The proposed Action Area is located at Tse Daa Kaan Chapter complex, Tse Daa Kaan, San Juan Co., New Mexico. The Chapter House is on the Navajo Indian Reservation, within land base administered by Tse Daa Kaan Chapter. The site can be located on Farmington, New Mexico-Colorado, 1:100 000 scale, metric series, U.S. Geologic Survey topographic map, 1980. Legal land description: T30N, R17W, S35 NW.
3.9.2 Description of Proposed Action Area
The environmental component of the proposed action area with potential to be impacted is described here in this section. Detail physical and biological description of the proposed action area is provided with a focus on species listed under the Endangered Species Act.
3.10 Physical Characteristics of Site 2
3.10.1 Climate
The proposed action area is in a semi-arid climate and is classified as Arid Continental (BLM 2003). The yearlong climate in Tse Daa Kaan community experiences warm to hot, dry summers and cool dry winters. Average annual temperatures range mid 50’s, with summer temperature from mid 60’s to low 90’s and winter temperatures ranging low 20’s to low 40’s (Western Regional Climate Center 2006). Precipitation occurs during two periods, late July to October as summer monsoons and December to February during the winter. The mean annual precipitation in Tse Daa Kaan is about 7.0 inches (Western Regional Climate Center 2006).
Chapter Land Use Plan 86 Tse Daa Kaan, Navajo Nation 3.10.2 Geology
The proposed action area is located on Four Corners Platform, San Juan Basin (Woodward, et al 1977). The San Juan Basin is an asymmetrical synclinal trough bounded by hogback ridges along the east and western edges. The hogback limbs dip inward towards the center of the San Juan Basin. Lithologic rock units exposed on site consist of upper Mancos Shale of Upper Cretaceous Age.
The proposed action area is located mainly on alluvium derived from weathered Mancos Shale and the northwest corner of the proposed action area, is covered by glacial outwash deposits. Mancos Shale provides habitat for numerous rare and endemic plants species throughout southwestern United States. In Four Corners area Mancos Shale hosts about a dozen plant species considered rare. Two rare plant species with potential habitat within the proposed site is addressed in the Endangered, Threatened and Sensitive Flora section of this report.
3.11 Site Analysis Elements
3.11.1 Hydrologic Features
The project area lies within San Juan River drainage watershed. The San Juan River is located about 1.5 miles south of the proposed action area. An irrigation ditch transverses the southern edge of the site immediately beyond the chapter house fenced boundary. The ditch parallels a dirt access road. The ditch provides water for farmers that live and farm within Tse Daa Kaan (Hogback) community. Shiprock and Hogback region is part of the San Juan Hydrologic Basin (Cooley, et al. 1969).
3.11.2 Soils Information
Soils texture, structure and composition are based on field observation of soils within the proposed action area. Generalized field analysis indicates that soil texture ranges from clay in the disturbed flat section of the proposed action area. Its origin derived from locally weathered Mancos Shale deposited by alluvial processes. The undisturbed section along the northern section has soils that are clay mixed with river cobbles and small rounded boulders in texture. The steep footslopes and side slopes are mainly covered in glacial outwash boulders. The terrace tops have sandy soils derived from ancient river sand bars.
Chapter Land Use Plan 87 Tse Daa Kaan, Navajo Nation 3.11.3 Topography
The proposed action area changes abruptly from an elevated river terrace from the northwest corner that continues east along the northern edge. This section of the site represents an old abandoned river channel terrace that was deposited as glacial outwash. The terrace is elevated about 100-125 feet above the chapter house complex. The chapter house complex is located on a flat graded area. The terrace is flat topped and abruptly slopes south 35 degrees near the top.
Towards the bottom slopes taper to 15 degrees before the footslope had been modified at the base in order to form a platform. The slope cut was made to accommodate a pre-school, senior citizens center and a metal shed that is used to store the chapter equipment. The chapter is located at in the flat portion of the site. The eastern half of the site is a graded, flatted section that is used for outdoor social functions and activities. An existing irrigation ditch parallels the southern fence boundary.
3.11.4 Vegetation and Wildlife
3.11.4.1 Vegetation community type was determined by visual observation of the existing flora and plant assemblage within the proposed action area. Dominant and/or co- dominant plant species, associate plant species and estimated total vegetation cover were all determined during the biologic field survey. Brief descriptions of soil textures were obtained from field observation. Vegetation community cover types within the proposed site consist of three different cover types: Salt Desert Scrub, Pseudo-riparian and Agricultural. A complete list of vascular plant species observed within the proposed project area can be found in Exhibit 3.15.3.
Salt Desert Scrub
Vegetation community type is characterized by cover of co-dominant saltbush species that include Castle Valley saltbush (Atriplex gardneri var. cuneata) and mat saltbush (Atriplex corrugata). Sparse grass cover includes alkali saccaton (Sporobolus airoides) and annual wheatgrass (Eremopyrum triticium).
Chapter Land Use Plan 88 Tse Daa Kaan, Navajo Nation Annual forbs associated with this cover type include: onion spring parsley (Cymopterus bulbosus), dwarf false gilia (Ipomopsis pumila), morning lily (Oenothera caespitosa), stevia dustymaiden (Chaenactis stevioides), stalked orach (Atriplex saccaria), prince’s plume (Stanleya pinnata), pepperweed (Lepidium sp.), large- flower onion (Allium macropetalum), and corrugate phacelia (Phacelia crenulata var. corrugata).
Total vegetation cover ranges 5-15%. Soils are derived from weathered Mancos Shale bedrock with a texture and composition of clay soils plus fragmented platy shale. This cover type is observed on low to moderately sloped adobe shale ridges, benches, and knolls along the northwestern corner of the proposed action area. Salt desert scrub communities provide habitat for several plants recognized as rare and sensitive, they include Mesa Verde cactus (Sclerocactus mesae-verdae), Comb Wash buckwheat (Eriogonum clavellatum), Sleeping Ute milkvetch (Astragalus tortipes) and Cronquist’s milkvetch (Astragalus cronquistii).
3.11.4.2 Pseudo-riparian
The vegetation community is mostly along the irrigation canal where moist soils host a diversity of plants. These riparian plants include grass-like forbs such as broadleaf cattail (Typha latifolia), common threesquare (Scirpus pungens) and alkali bulrush (Scirpus maritimus). Grasses include scratchgrass (Muhlenbergia asperifolia), foxtail barley (Hordeum jubatum), common reed (Phragmites australis), barnyard grass (Echinochloa crus-galli), and alkali saccaton (Sporobolus airoides). Total vegetation cover ranges 60-90%. Soils are siltyclay to clay in texture.
3.11.4.3 Agriculture
Agricultural lands include irrigated field, pastures and dry-land farms located along San Juan River valley, floodplain, and gravel terrace benches. Important cash crops grown in San Juan River valley include alfalfa (Medicago sativa), corn (Zea mays), watermelon (Citrullus lanatus), cantaloupe (Cucumis melo), and fall squash (Cucurbita maxima).
Chapter Land Use Plan 89 Tse Daa Kaan, Navajo Nation Other vegetables and fruit trees produced and cultivated by individual families, mainly for personal consumption include potato (Solanum tuberosum), radish (Raphanus sativus), tomato (Lycopersicon esculentum) and carrot (Daucus carota). Fruit trees vary between peaches (Prunus persica), apricot (Prunus armeniaca), common apple (Malus pumila), and pears (Pyrus communis).
Numerous other crops are grown based on individual family preference or farmers experimenting with new crops that might be of economic or nutritious value. Agricultural crops provide a means of sustenance for farmers who sell, trade or barter with others for livestock, skilled labor, timber products, hand made turquoise–silver jewelry, gifts or the crops maybe donated for ceremonial purposes. This community type occurs throughout the valley that surrounds the chapter house.
3.11.4.4 Wildlife
Wildlife Occurrences
The proposed action area supports an area of previously disturbed bladed and graded area. The native plant community is not diverse within the proposed project site. Variable landforms and diverse vegetation community influence the abundance and type of wildlife that may inhabit a region. Wildlife documented within the proposed project site area including the adjacent farmland, are adapted to the dry climatic condition, limited vegetation cover and ephemeral water source.
The irrigation canal bordering the southern edge of the site provides additional habitat for water dependent species such as migratory songbirds and amphibians. Some species many feed in upland regions but require riparian vegetation for protection, cover and breeding. Wildlife field data was developed based on field observation of wildlife tracks, droppings, habitat inventory, animal occurrence and other life form analysis. See Exhibit 3.15.4 for a complete species list. The proposed action area does not support habitat for any species listed under Endangered Species Act.
Chapter Land Use Plan 90 Tse Daa Kaan, Navajo Nation The conclusion of the Consultant is that development of 85% of the 15 acres is very feasible, in consideration of the absence of federally protected listed vegetation and wildlife and the limited impacts thereon. The remaining 15% on the northwest corner and along the northern boundary of the property does have a population of the Mesa Verde Cacti and would require transplanting by the Navajo Fish and Wildlife Department should the Chapter decide to do any type of development in that area.
3.11.5 Culturally Significant Areas
The Cultural Resources Survey and the EA have been done for the Site 2 and the findings stated that there were no significant findings and that development could proceed for the area. However, through the Biological Survey performed of the site by the Consultant and associate Arnold Clifford, a substantial population of Mesa Verde Cacti was found on the northwest corner of the site and along the northern border of the site. The Cultural Resources Survey also noted that there was a previous burial site located immediately south of the Chapter House, the remains have been exhumed and re-interned at a different location, prior to development of the site.
Thus, the recommendation of the Consultant is that the community should proceed with development on the land areas that are free of the Mesa Verde Cacti as a Notice to Proceed has been issued by the Navajo Nation for the area. For any development to occur in the northwest portion of the Chapter House tract and/or along the northern boundary fence, it is necessary that the Mesa Verde Cacti be transplanted by the Navajo Fish and Wildlife. It is further recommended that a buffer zone be established for the site identified as the former burial site.
3.11.6 Traditionally Sensitive Areas
Through interviews with the Chapter leadership, the Consultant ascertained that there are no significant traditionally sensitive areas in the vicinity of the proposed development site. There have been no traditional ceremonies performed there in recent memory. The Consultant concludes that there are no traditionally sensitive areas that will hinder the proposed developed.
Chapter Land Use Plan 91 Tse Daa Kaan, Navajo Nation 3.11.7 Environmentally Sensitive Areas - Endangered, Threatened, Sensitive Flora
Plants listed Endangered, Threatened or Sensitive by U.S. Fish and Wildlife and Navajo Natural Heritage Program with potential to grow on the proposed Tse Daa Kaan Chapter Community Development Project, Tse Daa Kaan. Chapter house, San Juan Co., New Mexico includes: Astragalus tortipes (Sleeping Ute milkvetch), Puccinellia parishii (Parish’s alkali-grass) and Sclerocactus mesa-verdae (Mesa Verde cactus).
Description of Endangered, Threatened and Sensitive Species
Federal funded agencies are prohibited from authorizing and carrying out any development projects or activities that may jeopardize or alter the habitat and existence of any Federal listed species under the Endangered Species Act of 1973 (as amended). This prohibition also extends to those species listed by the Navajo Fish and Wildlife Department. Therefore it is important to inventory habitat of plants and animals that are listed as Endangered, Threatened and Sensitive before any construction activities are proposed or implemented.
• Astragalus tortipes J. L. Anderson & J. M. Porter
Family: FABACEAE (LEGUMINOSAE) - Bean Family
Common Name: Sleeping Ute Milkvetch
Federal/Navajo Nation Status: Candidate/NESL Group 4
Description: Perennial plant, 2-6 ascending stems from a subterranean taproot; Short white hairs cover stem and leafs; Leaves are odd pinnate, 8-18 cm, sparsely scattered linear leaflets; Flowers in a raceme, banner, wing and keel are pale yellow; Fruits oblong pods, 15-25 mm, at the end of hyperflexed, recurved pedicels; Flowering mostly the month of May.
Known Distribution: Ute Mountain Ute Indian Reservation, Montezuma Co., Colorado. Sleeping Ute Mountain Endemic.
Habitat: Salt desert scrub and Juniper savanna grassland communities on weathered Mancos Shale Formation overlain by pediment gravels derived from Ute Mountain.
Chapter Land Use Plan 92 Tse Daa Kaan, Navajo Nation Geologic Substrate: Dakota Sandstone gravels overlying Mancos Shale bedrock.
Remarks: An extremely rare plant described in 1994. The plant was first discovered 1987 from southern foothills of Sleeping Ute Mountain, by John Anderson and Rich Fleming, field botanist consulting with Ecosphere Environmental Services. The plant is not likely to occur in the project area.
• Puccinellia parishii A. S. Hitchcock
Family: POACEAE (GRAMINAE) – Grass Family
Common Name: Parish’s alkali-grass Federal/Navajo Nation Status: None/NESL Group 4
Description: Annual grass with culms up to 15 cm; Leaf blades flat, moderately involute or curled along the edge; Flower spikelets a narrow panicle, each spike 3-5 mm; Glumes broad, strongly nerved and scarious margin; Lemmas pubescent on the nerves, shredded tips; Flowering May to June.
Known Distribution: Catron, Grant, Hildago, McKinley, Sandoval and San Juan Counties, New Mexico, Apache and Navajo Counties, Arizona, and California.
Habitat: Alkaline seeps, springs, cienegas and drainages with alkaline moist soils.
Geologic Substrate: Quaternary age deposited, moist alkaline soils.
Remarks: Uncommon. The plant was first described in 1890 and it was previously proposed for Federal listing as Endangered. The Parish’s alkali-grass was taken off consideration for Federal listing due to many new populations discovered since the early 1990’s. This species has been extirpated from California. On the Navajo Nation the plant is known to grow in and around the vicinities of the Beclabito Dome and Two Gray Hills in San Juan County, New Mexico, northeast of the Carrizo Mountains, north of Comb Ridge and in the Tuba City area, Apache and Navajo Counties, Arizona. There are no alkaline seeps, springs or ciegnas occurring in the project area and thus no potential habitat exists.
Chapter Land Use Plan 93 Tse Daa Kaan, Navajo Nation • Sclerocactus mesae-verdae (Boiss. ex Hill & Salisb.) L. Benson
Family: CACTACEAE - Cactus Family
Common Name: Mesa Verde cactus
Federal/Navajo Nation Status: Listed Threatened/NESL Group 2
Description: Mainly solitary stems, may form clusters of 10 stems or more; Stems oval to globose, 3-11 cm; Spines, 10-13 mm, 8-11 radial spines, central spine none to rarely 1; Flowers cream to pale yellow green, 2 cm in diameter; Fruit a cylindric capsule, green turning tan; Flowering late April to early May.
Known Distribution: San Juan Co., New Mexico; and Montezuma, Co., Colorado.
Habitat: Salt desert scrub community.
Geologic Substrate: Mancos Shale and Fruitland Formations.
Remarks: San Juan Basin Endemic. Rare cactus that has experienced nearly 90 percent mortality rate of the overall cactus population due to drought related conditions in early 2000’s. This cactus is restricted to nearly barren slopes, knoll, ridges and benches on weathered Mancos Shale and Fruitland Shale outcrops. Several scattered populations were documented within the northwestern corner of the Tse Daa Kaan Chapter fenced boundary. They occur in river gravels, which is highly unusual for the species. This is not the normal habitat for the species.
3.11.8 Endangered, Threatened and Sensitive Fauna
Fauna listed Endangered, Threatened or Sensitive by U.S. Fish and Wildlife and Navajo Natural Heritage Program with potential to inhabit the proposed. Tse Daa Kaan Chapter Community Development Project, Tse Daa Kaan Chapter House, San Juan Co., New Mexico, Navajo Nation include;
Raptors and Birds: Aquila chrysaetos (golden eagle), Atene cunicularia (burrowing owl), Buteo regalis (ferruginous hawk), Cinclus mexicanus (American dipper), Emipdonax trailii extimus (southwestern willow flycatcher), and Haliaeetus leucocephalus (bald eagle).
Chapter Land Use Plan 94 Tse Daa Kaan, Navajo Nation Mammals: Mustela nigripes (black-footed ferret) and Vulpes macrotis (kit fox).
Fishes: Catostomus discobolus (bluehead sucker), Cottus bairdi (mottled sculpin), Gila robusta (roundtail chub), and Ptychocheilus lucius (Colorado pikeminnow).
3.11.8.1 Raptors and Birds
• Aquila chrysaetos
Common Name: golden eagle
Federal/Navajo Nation Status: Sensitive; MBTA, EPA/NESL Group 3
Remarks: Protected under the Migratory Bird Treaty Act and Eagle Protection Act. Golden eagles prefer remote terrain with vertical cliffs up to 100 feet. Nesting sites are next to open desert scrub and grassland communities where they forage and prey on small mammals/reptiles. They are reported throughout Navajo Nation. During the winter, they are reported from the general area and they may utilize large cottonwood trees along San Juan River. No golden eagles were observed within the proposed site.
• Atene cunicularia
Common Name: burrowing owl
Federal/Navajo Nation Status: MBTA/NESL Group 4
Remarks: Burrowing owls occupy old, abandoned prairie dog burrows. The burrows are used as dens. They live amoung active prairie dog colonies in grasslands and desert scrub communities. No potential habitat exists for these small owls.
• Buteo regalis
Common Name: ferruginous hawk
Federal/Navajo Nation Status: Sensitive, MBTA/NESL Group 3
Chapter Land Use Plan 95 Tse Daa Kaan, Navajo Nation Remarks: Protected under the Migratory Bird Treaty Act. Ferruginous hawks are inhabitants around open prairie grasslands and extensive badland topography with numerous isolated, scattered rock columns, hoodoos and small buttes. They nest in trees, in large stick nests, on rocky ledges, rocky overhangs, potholes, and even on the ground. They have been reported from the Chinle Valley, Dilkon are and into the badlands of New Mexico. No ferruginous hawk habitat occurs in and around the project area.
• Cinclus mexicanus
Common Name: American dipper
Federal / Navajo Nation Status: MBTA / NESL Group 3
Remarks: Protected under the Migratory Bird Treaty Act. Preferred habitats of the bird occur along perennial mountain streams with clear running water and small pools where feed on insects that inhabit riparian settings. They have been reported from Chuska Mountains, Lukachukai Mountains, upper Canyon de Chelly, Little Colorado River canyon and Piute canyon. No habitat occurs.
• Empidonax trailii extimus
Common Name: southwestern willow flycatcher
Federal/Navajo Nation Status: Listed Endangered; ESA, MBTA/ NESL Group 2
Remarks: Protected under the Endangered Species Act and the Migratory Bird Treaty Act. Suitable habitat requires riparian settings along rivers, perennial streams and wetlands with dense growth of willows, other shrubs and small trees. Flycatchers feed on insects that inhabit riparian settings. These birds have been reported from San Juan River and Colorado River. No habitat suitable occurs.
Chapter Land Use Plan 96 Tse Daa Kaan, Navajo Nation • Haliaeetus leucocephalus
Common Name: bald eagle
Federal/Navajo Nation Status: Listed Threatened; ESA, MBTA, BEPA/NESL Sensitive
Remarks: Bald eagles require tall trees and cliffs near perennial water source with abundant fish. During the winter bald eagles are reported from San Juan River corridor from Gad i ahi Chapter to Tse Daa Kaan Chapter. They utilize large cottonwood trees along San Juan River. No potential habitat exists.
3.11.8.2 Mammals
• Mustela nigripes
Common Name: black-footed ferret
Federal/Navajo Nation Status: Listed Endangered/NESL Group 2
Remarks: Black-footed ferrets are carnivores included in the weasel family. They inhabit grasslands, desert grasslands and desert scrub plant communities next to large extensive prairie dog colonies. Ferrets use abandoned prairie dog burrows for dens and they feed on prairie dog as their primary food source. Navajo Nation historical documented populations were from Mexican Springs, New Mexico and Keams Canyon, Oraibi, Howell Mesa, Arizona (Mikesic et al. 2005). No habitat for black-footed ferret.
• Vulpes macrotis
Common Name: kit fox
Federal/Navajo Nation Status: None/NESL Group 4
Remarks: Small canine with pale grayish coat, large ears and black-tipped tail. Kit fox den in soft clay alluvium and sandy soils associated with desert scrub, saltbush, and greasewood communities. Den entrances are keyhole shaped.
Chapter Land Use Plan 97 Tse Daa Kaan, Navajo Nation Known to live around the Navajo Nation from east Chuska Mountains, the Chinle Valley and all desertlands on Navajo Nation (Mikesic et al. 2005). No habitat exists for kit fox in and around the project area.
3.11.8.3 Fishes
• Catostomus discobolus
Common Name: bluehead sucker
Federal/Navajo Status: None/NESL Group 4
Remarks: Bluehead sucker are silvery blue, grow to 45 cm long. They have fleshy lips and protractile mouths. Bluehead sucker prefer slow to swift flowing water. They are known from San Juan River including its major tributaries. In Chuska Mountains they are known from Whiskey creek, Wheatfields Lake and Tsaile creek (Mikesic et al. 2005). No potential habitat.
• Cottus bairdi
Common Name: mottled sculpin
Federal/Navajo Nation Status: None/NESL Group 4
Remarks: Long bodied fish with large flat head, eyes located on the upper surface of the head. Adults prefer coarse gravel bars, lag deposits and river boulders fields. Young fish use shallow intermittent channels and shorelines. Mottled sculpin are known only in San Juan River, New Mexico section (Mikesic et al. 2005). No habitat. San Juan River is located 1.0 mile to the south.
• Gila robusta
Common Name: roundtail chub
Federal/Navajo Status: None/NESL Group 2
Remarks: A native fish of Colorado and San Juan Rivers. Adults inhabit perennial waters by pools and eddies next to rapid flowing sections of the river to spawn and feed. Juveniles prefer water margins and back waters (Mikesic et al. 2005).
Chapter Land Use Plan 98 Tse Daa Kaan, Navajo Nation On the Navajo Nation, chubs are restricted to the San Juan River and the reaches of Mancos Creek. There is no habitat for the roundtail chub. It is not likely to be impacted by development.
• Ptychocheilus lucius
Common Name: Colorado pikeminnow
Federal/Navajo Status: Listed Endangered/NESL Group 2
Remarks: A large minnow 1-2 meters long, adults use backwaters, flooded riparian during spring runoffs and spawn in gravel bars. On Navajo Nation Colorado pikeminnow is known from San Juan River. Adults use the river downstream of Shiprock to near Four Corners (Mikesic et al. 2005). No habitat for pikeminnow.
3.11.9 ESA Listed Species Listed From Further Evaluation
Due to lack of habitat for ESA listed species with potential to occur in the proposed area, the following listed species are eliminated from further determination for impact. Except for Mesa Verde cactus, which is federal listed as Threatened needs to be further addressed.
SPECIES STATUS HABITAT DETERMINATION OF EFFECT PLANTS Sclerocactus mesa-verdae Listed Threatened; Salt desert scrub on May Effect, likely to adversely (Mesa Verde cactus) ESA Mancos Shale. No effect; about 60 individual NESL Group 2 potential habitat. cactus were found. BIRDS Empidonax trailii extimus Listed Endangered; Riparian areas with No Effect, no willows or salt (Southwestern Willow ESA, MBTA abundant willow cover cedar exists, no habitat. Flycatcher) NESL Group 2 and other shrubs. RAPTORS Haliaeetus leucocephalus Listed Threatened; Perennial water source No Effect, bald eagles are (Bald Eagle) ESA, MBTA, with cliffs and large trees. seldom reported from San BEPA No potential habitat Juan river corridor. NESL Group 2 within the surveyed site. MAMMALS Mustela nigripes Listed Endangered; Open grasslands with No Effect, No large prairie (Black-footed Ferret) ESA extensive prairie dog dog colonies occur on site. NESL Group 2 colonies. FISHES Ptychocheilus lucius Listed Endangered; Major river systems of the No Effect, San Juan River is (Colorado Pikeminnow) ESA Colorado and San Juan located about 1.0 mile to the NESL Group 2 Rivers. south. Table ESA listed species with potential to occur in San Juan County, New Mexico.
Chapter Land Use Plan 99 Tse Daa Kaan, Navajo Nation 3.11.9.1 Mesa Verde Cactus Determination and Conservation
The Mesa Verde Cacti population occurs in the northwest corner of the site as well as on a narrow strip along the northern edge of the site. The Navajo Fish and Wildlife has an agreement with chapters including Shiprock, Gad i ahi and Tse Daa Kaan Chapters in a land exchange for all certain designated areas within the chapter boundaries to be excluded from conducting Biologic Assessments. The land exchange was to provide several conservation areas for Mesa Verde Cactus refugia sites.
The conservation sites are to be set aside and restricted from further development in order to ensure the long- term survival of the rare cactus species that is unique to the San Juan Basin. The Navajo Tribal Botanist has requested that the cactus be marked, counted and documented.
The Navajo Nation will accept the responsibility to transplant and remove all Mesa Verde cacti from the proposed development site. This will guarantee that the cactus will be rescued and that in the future no further biologic investigation will be necessary. The Navajo Nation will incur all costs associated with removal of the cactus.
3.11.9.2 Noxious Weed Species Inventory
Weed species have no economic, agricultural or nutritious value. Non-native species were introduced to western US by early settlers. The following plants located during the survey are considered invasive, noxious and poisonous. Although other troublesome weeds occur, these are classified as noxious by some western states.
States with Noxious Weed Laws require documentation, monitoring, control and eradication of noxious weeds that infest areas of federal, tribal, public and private lands. The Navajo Nation does not have any Noxious Weed Laws.
Chapter Land Use Plan 100 Tse Daa Kaan, Navajo Nation Large areas of Navajo rangeland have become infested with noxious weeds and the efforts to eradicate or control such infested areas have not been implemented. As decades pass infested areas increase in acreage and the process continues on undisturbed rangelands adjacent to infested areas, which in turn become infested by weeds that readily adapt to any ecologic habitat.
Within the proposed action area it is recommended that in order to prevent the spread of Noxious Weeds, minimal ground disturbance couple with fencing off infested areas this will deter weeds from spreading as rapidly.
Weed infestation treatment options include mechanical, chemical and possibly biologic. However, the cost of such treatments can deter such efforts. From personal research and experience the flora of San Juan Basin drainage area consists of approximately 2500 different vascular plant species. Non-native weeds comprise approximately 20-25% of the total San Juan Basin flora, roughly 500 plus species. This indicates that numerous weeds are well on their way to invading and overtaking undisturbed rangelands in the west.
• Asclepias subverticillata (A. Gray) Vail
Family: ASCLEPIDIACEAE - Milkweed Family Status: None
Common Name: Whorled milkweed, poison milkweed, horsetail milkweed
Description: Slender perennial, from horizontal rhizomes that branch from a woody root; Stems branch below ground, ascend 25 cm; Leaves numerous, 2-10 cm long, 1-3 mm wide, whorled, opposite at the nodes; plants glabrous to minutely puberulent; Infloresences solitary umbel-like clusters of numerous white flowers; Petals rotate, reflexed, lobes 3-4 mm; Fruit cigar shape follicle on erect pedicels, 4-8 cm long, 6-8 mm broad; Flowering May to September.
Chapter Land Use Plan 101 Tse Daa Kaan, Navajo Nation Remarks: Whorled milkweed is distributed over much of the western US; it is widely established in San Juan County, NM. A native species that overtakes disturbed sites particularly roadsides, farmlands and irrigation ditches; the plant is poisonous to livestock, especially sheep. This species is found scattered along the irrigation canal and in a few isolated locations south of the Chapter House.
• Centaurea repens L. Synynom: Acroptilon repens (L.) DC.
Family: ASTERACEAE (COMPOSITAE) - Sunflower Family
Common Name: Russian knapweed, Russian cornflower
Status: Class B
Description: Perennial herb, numerous stems ascending from deep rooted rhizomes; Stems 3-8 dm, tomentose, becoming glabrous; Leaves in basal rosette and along stems, basal leaves withering by flowering period; Leaves entire, serrate, 1-5 cm long, 2-12 mm wide; Flowers terminate; 9-15 mm high, 5-12 mm wide, cone shaped; Floral bracts papery white, opaque margins; Flowers pink to purple-pink; Fruit pappus bristles; Flowering June to September
Remarks: Introduced from Eurasia late 1890’s, now widely established in United States. Russian knapweed is the most common knapweed in San Juan Basin. This highly aggressive species forms extensive colonies on old farmlands, pastures, along pipelines, well sites and roadsides. Knapweed has invaded and overtaken large areas of understory along San Juan River, is known to be poisonous to animals. There are several small isolated patches along the irrigation ditch
• Convolvulus arvensis L.
Family: CONVOLVULACEAE - Morning Glory Family Common Name: Field bindweed, field morning glory
Chapter Land Use Plan 102 Tse Daa Kaan, Navajo Nation Status: Class C
Description: Deep rooted perennial from rhizomes; Stems decumbent, trailing, 1 m or more; Leaves elliptic to ovate, two lobes at base resembling an arrowhead; Flowers solitary, end of peduncles; Flowers funnel shaped, white to pink, 1.5-2 cm; Fruit a capsule, 2-4 seeds; Flowering May to October.
Remarks: Introduced from Eurasia. Wide spread in United States. A common agricultural weed of dry farmlands, pastures, gardens, roadsides, and other disturbed sites. This species is very difficult to eradicate due to its extensive root system. Small populations occur within south of the chapter house, along the irrigation canal and disturbed open lots.
• Elaeagnus angustifolia L.
Family: ELAEAGNACEAE - Oleaster Family
Common Name: Russian olive, monkey eggs
Status: None Description: Small tree, 2-12 m, reddish brown trunks, grayish foliage; Several trunks ascend and branch above, trunks, branch armed with thorns, 2-5 cm; Leaves lanceolate to elliptic, 2-8 cm long, 5-30 mm wide, silvery gray with small scales, bicolored; Flowers in clusters, pale yellow, fragrant; Fruits small, round, olive- like, silvery turning brown and glabrous; Flowering June to September.
Remarks: Introduced from Europe, widely established in United States. This small tree is cultivated as an ornamental its fast growing habit, silvery foliage and fragrant flowers make this species desirable for gardens, shade trees and wind breaks along field edges. This species out compete native trees, shrubs and grasses along rivers, waterways, riparian areas and moist seeps in San Juan Basin.
Chapter Land Use Plan 103 Tse Daa Kaan, Navajo Nation Once established in native plant communities, it is difficult to eradicate. This species is found scattered south of the chapter house and along the irrigation canal.
• Halogeton glomeratus (Bieb.) C. A. Meyer
Family: CHENOPODIACEAE – Goosefoot Family
Common Name: Halogeton
Status: Class A
Description: Succulent annual, 3-40 cm, decumbent to ascending stems branch; Leaves fleshy, sausage-like, 3- 12 mm long, 1-2 mm wide, terminated by a small spine; Flowers minute, 0.25 mm, Fruit oval to obovate, 1-1.5 mm; Flowering June to October.
Remarks: Introduced to Nevada in 1930’s from Russia and China. Wide spread in western US. Halogeton is highly toxic to livestock, especially sheep. This species is often found on arid alkaline clay soils invading undisturbed, native rangelands throughout the west. This poisonous plant is scattered throughout proposed area.
• Tamarix chinensis Lour. Synonyms: Tamarix gallica, Tamarix ramosissima Ledeb, and Tamarix pentandra
Family: TAMARICACEAE - Tamarisk Family
Common Name: Salt cedar, tamarisk, tamarik
Status: None
Description: Perennial shrub to small trees up to 8 m; Trunk, branches dark brown to reddish brown, highly branched slender stems; Leaves scale-like, sessile; Flowers numerous, small, 1-2 mm, pink to white; Flowering June to October.
Remarks: Introduced from Eurasia in early 1900’s and is widely established in United States. In San Juan Basin, saltcedar has invaded undisturbed riparian areas, stock ponds and the river systems.
Chapter Land Use Plan 104 Tse Daa Kaan, Navajo Nation This shrub was introduced for erosion control along eroded, dry stream channels and has now become a nuisance to native plant communities in the southwest. This species is rapidly displacing native cottonwoods, willows and other native riparian vegetation.
Saltcedar uptakes several hundreds of gallons of water per day per plant which often accelerates drying up of springs, seeps, and ponds. Saltcedar is found along riverside banks, riparian areas, springs, seeps, ciegnas, stock ponds and lake shorelines. This shrub is very difficult to eradicate and control due to its deep roots and extended year round flowering period. This species is found scattered south of the chapter house and along the irrigation canal.
3.11.10 Effects of the Proposed Action
The anticipated impacts to biologic resources as a result of the proposed Tse Daa Kaan Chapter Community Development Project will result in permanent ground and vegetation disturbance of approximately 10-12 acres. The site has been disturbed by as indicated by the ground having been terraced and leveled. Impacts to wildlife that inhabit the site should be minimal. One federal listed Endangered, Threatened or Sensitive species was located within the proposed project site.
Anticipated wildlife impacts include lost of habitat and modification of movement route and patterns. The impacts will be gradual and ongoing. However the impacts should be limited to small rodents and reptiles. No bird or raptor nests where located and it is believed that none are within the proposed project site. Large cottonwood trees utilized by raptors are located mainly to the south.
Excessive noise levels associated with the construction project may potential impact raptors and other small birds during roosting, breeding and nesting season. Depending upon the wildlife species, some animals may avoid the region. Small mammals may be impacted by increase noise, by not detecting predators that prey on these small mammals. Peak noise level is expected during construction; however noise will have no impact on the site.
Chapter Land Use Plan 105 Tse Daa Kaan, Navajo Nation Human effects will include increase noise level, slight increase in air borne dust as well as temporary increase in vehicular travel. The construction may lasts up to several months and during this time frame several homesites located across the irrigation canal may experience all the impact factors mention.
However, most of the people that reside nearby are far enough away that the impacts should be minimal. The Mesa Verde Cactus populations need to be conserved and rescued before construction is initiated. The Navajo Nation Fish and Wildlife will transplant and remove all cacti that are located within the project site area. The chapter needs to inform the Fish and Wildlife of the target date for construction so that the cactus will be removed before any construction begins. This cactus is a rare species still protected under the Endangered Species Act.
3.12 Compilation of Field Data and Methodology
The field survey was conducted on approximately 15-17 acres. The field survey was completed on February 21, 2008 with one field surveyor conducting the groundwork. Field survey methodology consists of walking out the entire survey boundary in small manageable blocks of 1-2 acres, traversing the 1-2 acres block back and forth to ensure 90% total ground cover was achieved. A 50-foot buffer zone was also surveyed beyond the required survey boundary.
Raptor surveys were conducted by visual surveys of all powerline poles, fencelines and any protruding high areas with the aid of binoculars and field spotting scopes.
3.13 Accessibility
The development site selected by the Tse Daa Kaan Chapter is located approximately 1/4 mile north of U.S. Highway 491, along the heavily traveled Navajo Route 5031. The site is 1 mile north of the San Juan River.
3.14 Conclusion
The Consultant concludes that this site is a good development site. The positive attributes that the site has to offer, are that there are no existing cultural or traditional sensitive areas of concern and has the legal survey, the Cultural Resources survey and the Environmental Assessment with the Notice to Proceed. The accessing of utility infrastructure would not be an issue as electrical, water lines and wastewater systems are all on-site.
Chapter Land Use Plan 106 Tse Daa Kaan, Navajo Nation There are two issues of concern concerns include the presence of the Mesa Verde Cacti in the northwest sector of the Chapter House tract and along the northern perimeter. The Cacti populations have been identified and flagged. The Navajo Nation Department Fish and Wildlife will need to be notified if the community proposes any type of development in these areas. The Fish and Wildlife will transplant the Cacti that are in the vicinity of the proposed developments.
The second issue is the Cultural Resource that is identified immediately to the south of the Chapter House that hosted the burial site of a community member. The community did exhume and re-interned the remains at a different location and it is recommended that the community consider establishing a structure that ensures non-development of the specific so as to render respect for the deceased community member and family.
With these items addressed, the Tse Daa Kaan community would be well served in further developing the proposed community development site.
Chapter Land Use Plan 107 Tse Daa Kaan, Navajo Nation Exhibit 3.15.1 Selected References
Allred, K. W. 1980’s. A Field Guide to the Grasses of New Mexico. Department of Animal and Range Sciences, New Mexico State University.
Atwood, N. D., S. L. Welsh and K. D. Heil. 2002. A New Species of Abronia (NYCTAGINACEAE) from San Juan County, New Mexico, U. S. A. NOVON, Vol. 12, No. 2: 167-169.
Benson, L. 1982. The Cacti of the United States and Canada. Stanford University Press, Stanford, California.
Brown, D. E. 1994. Boitic Communities Southwestern United States and Northwestern Mexico. University of Utah Press, Salt Lake City, Utah.
Charley, S. 2000. Personal Communication.
Chinle Curriculum Crnter. 1993. Dine Bikeyahdoo Chil Nanise Altaasei-Plants of Navajoland.
Colorado Native Plant Society. 1997. Rare Plants of Colorado, Second Edition. Falcon Press Publishing Co., Inc., Helena, Montana.
Cooley, M. E., J. W. Harshbarger, J. P. Akers and W. F. Hardt. 1969. Regional Hydrogeology of the Navajo and Hopi Indian Reservations, Arizona, New Mexico, and Utah. Geological Survey Professional Paper 521-A. United States Government Printing Office, Washington.
Dick-Peddie, W. A. 1993. New Mexico Vegetation Past, Present and Future. University of New Mexico Press, Albuquerque, New Mexico.
Elmore, F. H. 1943. ETHNOBOTANY of the NAVAJO. University of New Mexico Bulletin, Monograph Series, vol. 1, no. 7. University of New Mexico Press, Albuquerque, New Mexico.
Heil, K. D. 1995. Endangered, Threatened and Sensitive Plant Field Guide. Bureau of Land Management – Farmington District. Desert Dolphin, Inc., Durango, Colorado.
Heil, K. D. 2002. Four Corners Invasive and Posionous Plant Field Guide. Prepared by San Juan College and the Bureau of Land Management – Farmington District.
Chapter Land Use Plan 108 Tse Daa Kaan, Navajo Nation Heil, K. D. and J. M. Porter. 1994. Sclerocactus (CACTACEAE): A REVISION. HASELTONIA, No. 2: 20- 46.
Heil K. D. and S. L. O’Kane. 2003. Catalog of the Four Corners Flora Vascular Plants of the San Juan RiverDrainage - Arizona, Colorado, New Mexico and Utah. Harvard Papers in Botany, Vol. 7, No. 2: 321-379.
Isley, D. 1998. Native and Naturalized Leguminosae (Fabaceae) of the United States (Exclusive of Alaska and Hawaii). Monte L. Bean Life Science Museum, Brigham Young University, Provo, Utah.
Kearney, T. H. and R. H. Peebles. 1964. Arizona Flora. University of California Press, Berkeley and Los Angeles, California.
Martin, W. C. and C. R. Hutchins. 1980. A Flora of New Mexico. J. Cramer Press. Germany.
Mayes, V. O. and B. B. Lacy. 1989. Nanise a Navajo Herbal. Navajo Community College Press, Tsaile, Arizona.
McDOUGALL, W. B. 1973. Seed Plants of Northern Arizona. The Museum of Northern Arizona, Flagstaff, Arizona.
Mikesic, D., J. Nystedt and D. Roth. 2005. Navajo Nation Endangered Species List – Species Accounts. Navajo Natural Heritage Program, Department of Fish and Wildlife, Window Rock, Arizona.
New Mexico Native Plant Protection Advisory Committee. 1984. A Handbook of Rare and Endemic Plants of New Mexico. University of New Mexico Press, Albuquerque, New Mexico.
Sivinskii, R. and K. Lightfoot. Inventory of Rare and Endangered Plants of New Mexico. New Mexico Forestry and Resources Conservation Division, Santa Fe, New Mexico.
Spackman, S., B. Jennings, J. Coles, C. Dawson, M. Minton, A. Kratz and C. Spurrier. 1997. Colorado Rare Plant Field Guide. Prepared for the Bureau of Land Management, the U.S. Forest Service and the U. S. Fish and Wildlife Service by the Colorado Natural Heritage Program.
Weber, W. A. 1987. Colorado Flora : Western Slope. Colorado Associated University Press, Boulder, Colorado.
Chapter Land Use Plan 109 Tse Daa Kaan, Navajo Nation Welsh, S. L. 2003. North American Species of Atriplex Linneaeus (Chenopodiaceae): A Taxonomic Revision. Monte L. Bean Life Science Museum, Brigham Young University, Provo, Utah.
Welsh, S. L., N. D. Atwood, S. Goodrich and L. C. Higgins. 2003. A Utah Flora, Third Edition, Revised. Print Services, Brigham Young University, Provo, Utah.
Whitson, T. D., L. C. Burrill, S. A. Dewey, D. W. Cudney, B. E. Nelson, R. D. Lee and R. Parker. 2002. Weeds of the West, 9th Edition, Revised. Grand Teton Lithography, Jackson, Wyoming.
Woodward, L. A., J. F. Callender. 1977. Tectonic Framework of the San Juan Basin. New Mexico Geologic Society Guidebook, 28th Field Conference, San Juan Basin III.
Chapter Land Use Plan 110 Tse Daa Kaan, Navajo Nation Exhibit 3.15.2 Photos of Chapter House Tract Development Site
Photo 1 – Taken from east side of Chapter House Tract Development Site
Photo 2 – Taken from south side of Chapter House Tract Development Site
Chapter Land Use Plan 111 Tse Daa Kaan, Navajo Nation Exhibit 3.15.3 Flora of the Tse Daa Kaan Chapter House Tract Development Site
AMARANTHACEAE – Amaranth Family
Amaranthus blitoides S. Wats. Prostrate pigweed Amaranthus retroflexus L. Redroot pigweed
APIACEAE (UMBELLIFERAE) – Parsley Family
Cymopterus bulbosus A. Nels. Onion spring parsley
ASCLEPIDIACEAE – Milkweed Family
Asclepias subverticillata (A. Gray) Vail Whorled milkweed
ASTERACEAE (COMPOSITAE) – Sunflower Family
Centaurea repens L. Russian knapweed Chrysothamnus nauseosus (Pallas) E. L. Greene Rubber rabbitbrush var. graveolens (A. Gray) Hall Conyza canadensis (L.) Cronq. Horseweed Grindelia squarrosa (Pursh) Dunal Curly-leaf gumweed Lactuca serriola L. Prickly lettuce Senecio douglasii DC. Douglas’ groundsel var. longilobus (Benth.) L. Benson Townsendia annua Beaman Annual townsendia Tragopogon dubius Scop. Yellow salsify Xanthium strumarium L. Cocklebur
BRASSICACEAE (CRUCIFERAE) – Mustard Family
Descurainia pinnata (Walter) Britt. Pinnate tansymustard Descurainia sophia (L.) Webb. ex Prantl. Flixweed Malcomia africana R. Br. in Ait. African mustard Sisymbrium altissimum L. Tumbling mustard
CACTACEAE – Cactus Family
Opuntia polyacantha Haw. Plains prickly pear Sclerocactus mesa-verdae (Boiss. ex Hill & Salis.) Mesa Verdae Cactus
Chapter Land Use Plan 112 Tse Daa Kaan, Navajo Nation CHENOPODIACEAE – Goosefoot Family
Atriplex canescens (Pursh) Nutt. Four winged saltbush Atriplex gardneri (Moq.) D. Dietr. Castle Valley saltbush var. cuneata (A. Nels.) Welsh Atriplex obovata Moq. New Mexico saltbush Atriplex powellii S. Wats. Powell’s orach Atriplex saccaria S. Wats. Stalked orach Bassia hyssopifolia (Pallas) Kuntze Fivehook smotherweed Halogeton glomeratus (Bieb.) C. A. Mey Halogeton Kochia scoparia (L.) Schrader Summer cypress Salsola tragus L. Russian thistle
CONVOLVULACEAE – Morning Glory Family
Convolvulus arvensis L. Field bindweed
ELAEAGNACEAE – Oleaster Family
Elaeagnus angustifolia L. Russian olive
EUPHORBIACEAE – Spurge Family
Chamaesyce glyptosperma (Engelm.) Small Ridge seeded spurge
FABACEAE (LEGUMINOSAE) – Bean Family
Medicago sativa L. Alfalfa Melilotus albus Desr. ex Lam. White sweetclover
MALVACEAE – Mallow Family
Sphaeralcea coccinea (Nutt.) Rydb. Common globemallow
ONAGRACEAE – Evening Primrose Family
Oenothera caespitosa Nutt. Morning lily
PLANTAGINACEAE – Plantain Family
Plantago patigonica Jacq. Woolly plantain
Chapter Land Use Plan 113 Tse Daa Kaan, Navajo Nation POACEAE (GRAMINAE) – Grass Family
Bouteloua barbata Lag. Sixweeks grama Bromus tectorum L. Cheatgrass Distichlis spicata (L.) E. L. Greene Desert saltgrass Eremopyrum triticeum (Gaertn.) Nevski Annual wheatgrass Erioneuron pulchellum (H. B. K.) Tateoka Fluffgrass Hilaria jamesii (Torr.) Benth. Galleta Hordeum jubatum L. Foxtail barley Muhlenbergia asperifolia (Nees & Mey.) Parodi Scratchgrass Munroa squarrosa (Nutt.) Torr. False buffalograss Sporobolus airoides (Torr.) Torr. Alkali sacaton Sporobolus cryptandrus (Torr.) A. Gray Sand dropseed
POLYGONACEAE – Buckwheat Family
Eriogonum gordonii Benthg. in DC. Gordon’s buckwheat Polygonum aviculare L. Knotweed
SALICACEAE – Willow Family
Populus deltoides H. Marshall Cottonwood ssp. wislizeni (S. Wats.) Eckenwalder Salix exigua Nutt. Coyote willow
TAMARICACEAE – Tamarisk Family
Tamarix chinensis Lour. Saltcedar
ULMACEAE – Elm Family
Ulmus pumila L. Chinese elm
Chapter Land Use Plan 114 Tse Daa Kaan, Navajo Nation Exhibit 3.15.4 Fauna of the Tse Daa Kaan Chapter House Tract Development Site
Mammals
Canis domesticus Feral dog Canis latrans Coyote Lepus californicus Blacktail jackrabbit Peromyscus maniculatus Deer mouse
Birds and Raptors
Carpodacus mexicanus House finch Colaptes auratus Northern flicker Corvus corax Common raven Zenaida macroura Morning dove
Chapter Land Use Plan 115 Tse Daa Kaan, Navajo Nation TSE DAA KAAN CHAPTER, NAVAJO NATION
CHAPTER LAND USE PLAN
CHAPTER 4-INFRASTRUCTURE ANALYSIS
Chapter Land Use Plan 116 Tse Daa Kaan, Navajo Nation CHAPTER 4 - INFRASTRUCTURE ANALYSIS
TABLE OF CONTENTS
4.1 Background
4.2 Infrastructure Analysis Elements
4.3 Conclusion
4.4 Exhibits
Chapter Land Use Plan 117 Tse Daa Kaan, Navajo Nation CHAPTER 4 - INFRASTRUCTURE ANALYSIS
4.1 Background
The Tse Daa Kaan Chapter has designated two proposed development sites; one is 10 acres in the south part of the Chapter located 5 miles south of the Tse Daa Kaan Chapter House complex across the San Juan River and along Navajo Route 36 approximately 4 miles east of the U.S. 491. The second development site is within the confines of the 15-acre Chapter House tract. The areas are reserved for commercial and community development, including housing and other needed community facilities.
The consultant and associate Geo-Botanist performed a site analysis of the areas and has determined that the sites are well suited for development. The consultant concludes that the sites are good to excellent for development considering all elements analyzed in the Land Suitability Analysis.
4.2 Infrastructure Analysis Elements
4.2.1 Electric
Site 1 – The Navajo Tribal Utility Authority and the Tse Daa Kaan Chapter plan to extend the electrical power system from the east to the general area of the south Tse Daa Kaan project site. The proposed electric line will continue on to the west to serve the homes in the area. Ultimately the new power line will border the project site area along NR 36. This will easily accommodate the project site and the cost to bring electrical power to the site should be approximately $5,000 at a minimum.
Site 2 – The community electrical system serves the Chapter House compound. This line will be tapped to serve the new development at a cost of $5,000.00 at a maximum.
The calculations are based on the formula that is generally used by the NTUA wherein the cost to extend a powerline is $2,500.00 per pole with the standard distance between electrical power poles being 350 feet.
The conclusion of the consultant is that the source for adequate electrical power is accessible to the two sites and the cost to obtain electrical power is reasonable.
Chapter Land Use Plan 118 Tse Daa Kaan, Navajo Nation 4.2.2 Water
Site 1 – The piping of water to the site will not be too burdensome; there is a domestic water system that can be accessed, about 1/2 mile to the east. The estimated cost of bringing the water to the site will be approximately $25,000.00. This cost is dependent on other variables that will be considered at the time of construction.
Site 2 - The site is served by the community water system and the calculation to serve the new developments will be about $4,500.00.
These calculations are based on the formula that is generally used by the IHS Office of Environmental Health wherein the cost to extend a 6” waterline is $8.50 per foot.
4.2.4 Wastewater
Site 1 – The Office of Environmental Health has advised that since the Tse Daa Kaan Chapter is planning for 12 housing units the project would need to utilize a septic system. OEH and the NTUA do not consider the installation of a sewer system to tie into the community system or a lagoon sewer system unless there is a minimum of 20 houses being developed.
Site 2 - With the extent of anticipated future development of the area, the site will require the expansion of sewage lagoon system. It would be advisable to put in two-cell lagoons for the site. The approximate cost on a two-cell lagoon would be $500,000.00.
4.2.3 Gas
Site 1 - There is a commercial gas line located approximately 4.3 miles west of the development site. NTUA stated that the tapping into of this line to provide natural gas service to the proposed site would be feasible. The estimate cost to run the gas line to the site will be in the approximate amount of $312,970.00. This cost will include the gas distribution regulator station and the gas main.
Site 2 - There is no commercially available gas line in the immediate Tse Daa Kaan community area and there are no immediate plans for the development of a commercial gas line. Thus, the community will have to contend with the use of butane propane to provide the necessary utility for heating and cooking in the facilities that are planned for the development sites.
Chapter Land Use Plan 119 Tse Daa Kaan, Navajo Nation 4.2.5 Telecommunications
Site 1 – The telephone line that would be tapped for service for the site is approximately 4.4 miles to the west. With the electric power line that will be constructed, the Navajo/Frontier Communications, Co. would be able to string a telephone cable on the electric power poles, thus securing telephone service will not be a great problem.
Site 2 – The Chapter House compound is already served by Navajo/ Frontier Communications Co. and the company will not have a problem extending service to any new facilities on the site.
4.2.6 Solid Waste
Site 1 – The proposed development site is approximately 9 miles from the Shiprock Regional Transfer Station that is operated by San Juan County. The agreement between San Juan County, New Mexico and the Navajo Nation is the Shiprock Regional Solid Waste Transfer Station will be available to all San Juan County/Northern Navajo Nation communities, including the Tse Daa Kaan Chapter.
The Tse Daa Kaan Chapter and the eventual housing manager will have the option to contract with a solid waste disposal company who can haul the solid waste from collection bins located on site to the Regional Solid Waste Station.
Site 2 – There is not an organized landfill made available for community use. The Chapter House complex program as well as the Tse Daa Kaan residents currently have access to the Shiprock Regional Solid Waste Transfer Station, which is located approximately 5 miles west of the Tse Daa Kaan Chapter House. The community also has access to another San Juan County operated Transfer Station in Waterflow, 10 miles to the east.
4.3 Conclusion
The conclusion of the consultant is that the two proposed development tracts can both be served with all manner of utility infrastructure without too much complication including electrical power, water, wastewater service, gas and telecommunications. The chapter officials will need to continue a close collaborative relationship with the Office of Environmental Health, the Navajo Tribal Utility Authority and the Navajo Frontier Telecommunications Co. in order that the utility infrastructures are brought to the fruition in a timely manner.
Chapter Land Use Plan 120 Tse Daa Kaan, Navajo Nation Exhibit 4.4.1 Tse Daa Kaan Chapter Infrastructure System
Chapter Land Use Plan 121 Tse Daa Kaan, Navajo Nation Exhibit 4.4.2 Tse Daa Kaan Chapter Community Infrastructure System Map 1
Chapter Land Use Plan 122 Tse Daa Kaan, Navajo Nation Exhibit 4.4.3 Tse Daa Kaan Chapter Community Infrastructure System Map 2
Chapter Land Use Plan 123 Tse Daa Kaan, Navajo Nation TSE DAA KAAN CHAPTER, NAVAJO NATION
CHAPTER LAND USE PLAN
CHAPTER 5 – DEVELOPMENT SITES LAND USE PLANS
Chapter Land Use Plan 124 Tse Daa Kaan, Navajo Nation CHAPTER 5 – DEVELOPMENT SITES LAND USE PLANS
TABLE OF CONTENTS
5.1 Background
5.2 Site Access
5.3 Site Related Elements
5.4 Description of Development Site 1 Land Use Plan
5.5 Description of Development Site 2 Land Use Plan
5.6 Conclusion
5.7 Exhibits
Chapter Land Use Plan 125 Tse Daa Kaan, Navajo Nation CHAPTER 5 – DEVELOPMENT SITES LAND USE SITE PLANS
5.1 Background
The consultant has performed the Land Suitability Analysis and the Infrastructure Analysis and now herewith presents the Chapter Land Use Site Plans (shown at Exhibits 5.6.1 and 5.6.2) and narrative of the 10-acre and the 15-acre development sites.
The conclusions of the Land Suitability and Infrastructure Analyses lend to the viability of the potential development sites and thus substantiate the formulation of the Chapter Land Use Plans.
5.2 Site Access
The proposed Development Site 1 is approximately 5 miles south of the Tse Daa Kaan Chapter House along Navajo Route 36. The NR 36 is a primary highway utilized by Tse Daa Kaan community members, area residents and many regional travelers in the south Tse Daa Kaan sector. The proposed site is 4.4 miles east from the highway intersection of NR 36 and U.S. Highway 491; as such the site is immediately and easily accessible from the east and west via NR 36.
The second identified site is the area encompassed within the Tse Daa Kaan Chapter House withdrawn tract. This site is the 15-acre tract that the Chapter House and a number of other community facilities are situated on located 1/4 mile north of NM 64 along NR5031.
5.3 Site Related Elements
5.3.1 Manmade Improvement Structures
Site 1 - There are no existing structures or improvements of any kind on the 10-acre site.
5.3.1.1 Utilities
The electrical powerline, the natural gasline and the telecommunications (telephone cable and fiber optics line) infrastructure are located approximately 4.5 miles to the west, along Highway 491. Domestic water will be available from the east side of the wash less than 1 mile away. Waste water facilities will require a sewage lagoon system.
Chapter Land Use Plan 126 Tse Daa Kaan, Navajo Nation Site 2 - There are numbers of existing structures and improvements on the 15-acre site as it serves as the government center and location of other community activity, principally the Senior Citizens Center and the Headstart School facility.
5.3.1.2 Utilities
The conclusion of the consultant is that the development of the site will not be impeded by any existing improvements and that the proposed new development will be incorporated to beneficially coexist with established facilities. Further all utility infrastructures are on-site such that the proposed development of the site is feasible.
5.3.2 Contamination
There has not been any type of activity within the two development site area that would have used contaminates or other hazardous materials of any kind. As such, there is no presence or potential presence of contaminants in the area.
5.3.3 Environmental Assessment
Site 1 – The Cultural Resources (archeological) Survey and the Environmental Assessment (EA) have not been done to comply with the Navajo Nation and the BIA requirements for Site 1. However, an initial Biological Survey has been performed of the site, primarily to identify the vegetation and wildlife. The data collected through the Biological Survey can be referenced when the Environmental Assessment and clearance surveys are being performed.
A primary objective of the Biological Survey was to determine if there are any vegetation or wildlife that would be Species of Concern considering the dictates of the Federal Endangered Species Act (ESA) and the Navajo Fish and Wildlife requirements. There were no findings that qualify for consideration under the ESA.
The community is advised by the consultant that as the community continues with planning the development of the 10-acre site, the EA and other relevant surveys and studies will need to be completed. This would include securing the Finding of No Significant Impact (FONSI) statement, the Archeological Survey, as well as completing the land withdrawal process for the 10 acres if the community indeed decides to build there.
Chapter Land Use Plan 127 Tse Daa Kaan, Navajo Nation Site 2 – The Cultural Resources Survey and the EA have been done for the Site 2 and the findings stated that there were no significant findings. However, through the Biological Survey performed of the site by the consultant and associate Arnold Clifford, a substantial population of Mesa Verde Cacti was found on the northwest corner of the site and along the northern border of the site.
It will be incumbent upon the Tse Daa Kaan Chapter to notify the Department of Navajo Fish and Wildlife in the event that any type of development is proposed on or near the locations of the identified Mesa Verde Cacti. The Navajo Fish and Wildlife is obligated to transplant cacti plants that would be impacted by any development.
5.4 Development Site 1 Proposed Land Use Plan
5.4.1 Housing Subdivision
The planned housing subdivision is on approximately 6 acres of land in the northern sector of the 10-acre development site. There are 12 housing unit lots that are planned and provided for. The lots are a minimum of 1/3 acre in size, with the range from .35 acre to .40 acre each. These lots are consistent with the 2.5 housing units per acre formula used by the NHA.
5.4.2 Park Area
There is a .4-acre lot of land reserved in the center of the housing subdivision for the development of a community park area. The park area should eventually have various components intended to provide for the recreational needs of the children and all residents.
A playground area will include all manner of playground equipment and other elements of recreation such as basketball courts, horseshoe tossing pits, etc. There would also be a picnic area complete with gazebos, bar-be-que grills and tables. There could also be a veranda (shade house) for meetings and other family functions.
5.4.3 Multi-use Area
There are 1.96 acres provided for the development of a community multi-use area that could include a multi-purpose facility. The multi-purpose center would house a variety of recreation facilities and athletic equipment. The center could also have meeting rooms and other space for community functions.
Chapter Land Use Plan 128 Tse Daa Kaan, Navajo Nation 5.4.4 Commercial
The lots reserved for commercial purposes total approximately 1.75 acres. The community leadership does not intend, that the lots would be host to singular commercial activities, rather that the lots would be sub-divided into smaller units to accommodate several different and separate businesses.
The community wishes to host the development of a convenience store and gas station business enterprise, as well as other business development possibilities. The areas identified herein would provide excellent locations for these proposed businesses as they are along the highway frontage.
5.4.5 Streets
In addition to the various components of the Chapter Land Use Plan discussed, there are also the basic elements of the streets, sidewalks, landscaping and access to the different parts of the development area accounted for.
5.5 Development Site 2 Proposed Land Use Plan
5.5.1 Senior Citizens Independent Living Apartments
One of the greatest needs that the community wants to address is the unfortunate institutionalization of elderly in elderly nursing homes outside of the community area. The CLUP Committee and the Chapter leadership want to develop Senior Citizens Independent Living Apartments where the community and the families will be able to take care of its own elderly.
5.5.2 Park Area
A .05-acre lot of land will be reserved in the southwest portion of the Chapter tract for the development of a community park area. The park area should eventually have various components intended to provide for the recreational needs of the children and all residents.
A playground area will include all manner of playground equipment and other elements of recreation such as basketball courts, horseshoe tossing pits, etc. There would also be a picnic area complete with gazebos, bar-be-que grills and tables. There could also be a veranda (shade house) for meetings and other family functions.
Chapter Land Use Plan 129 Tse Daa Kaan, Navajo Nation 5.5.3 Multi-use Area
There are 1.50 acres provided for the development of a community multi-use area that could include a multi-purpose facility. The multi-purpose center would house a variety of recreation facilities and athletic equipment. The center would have meeting rooms and other space for community functions.
5.5.4 Commercial
The lots reserved for commercial purposes total approximately 1 acre. The community leadership does not intend, that the lots would be host to singular commercial activities, rather that the lots would be sub-divided into smaller units to accommodate several different businesses.
The community wishes to host the development of a convenience store and other business development possibilities. The area identified herein would provide excellent locations for these proposed businesses as they are at the community center.
5.5.5 Streets
In addition to the various components of the Chapter Land Use Plan discussed, there are also the basic elements of the streets, sidewalks, landscaping and access to the different parts of the development area accounted for.
5.6 Conclusion
The 15-acre site proposed for the housing subdivision and the different components of community and economic development is a good site aside from the considerations that need to be made for the cultural resource site and the Mesa Verde Cacti population. With the advent of bringing utility infrastructure to the site and the aggressive advocacy for development by the community leadership, coupled with support from the Navajo Nation, the Indian Health Service and the Bureau of Indian Service, the Tse Daa Kaan community can have and experience the positive attributes of development into the future that it deserves.
Chapter Land Use Plan 130 Tse Daa Kaan, Navajo Nation Exhibit 5.7.1 South Tse Daa Kaan Development Site Proposed Land Use Plan
Chapter Land Use Plan 131 Tse Daa Kaan, Navajo Nation Exhibit 5.7.2 Proposed Land Use Plan for Tse Daa Kaan Chapter Development Site
Chapter Land Use Plan 132 Tse Daa Kaan, Navajo Nation TSE DAA KAAN CHAPTER, NAVAJO NATION
CHAPTER LAND USE PLAN
CHAPTER 6 – OPEN SPACE PLAN & THOROUGHFARE PLAN
Chapter Land Use Plan 133 Tse Daa Kaan, Navajo Nation CHAPTER 6 – OPEN SPACE PLAN & THOROUGHFARE PLAN
TABLE OF CONTENTS
6.1 Tse Daa Kaan Chapter Open Space Plan 6.2 Tse Daa Kaan Chapter Thoroughfare Plan 6.3 Exhibits
Chapter Land Use Plan 134 Tse Daa Kaan, Navajo Nation CHAPTER 6 – OPEN SPACE PLAN & THOROUGHFARE PLAN
6.1 Tse Daa Kaan Chapter Open Space Plan
The recommendations set forth by the Transportation and Community Development Committee for Navajo Nation Chapters seeking certification of their Chapter Land Use Plan or comprehensive community-based land use plan includes the development of an Open Space Plan.
The definition for Open Space Plan is a plan, which preserves for the community certain areas of land to be retained in its natural state and/or reserved for livestock grazing areas or for development for recreational purposes.
The Tse Daa Kaan Chapter Land Use Planning Committee and Chapter Officials in collaboration with the Consultant have designed the basic model of the Tse Daa Kaan Community Open Space Plan as reflected in Exhibit 6.3.1. It is intended that this basic model be further refined by the CLUP Committee and Chapter Officials for finalization of the Chapter Land Use Plan in the preparation for LGA governance-certification consideration by the Transportation and Community Development Committee.
The Open Space Plan includes all the areas outside of the immediate Tse Daa Kaan Community proper, thus the areas that are already developed and/or highly disturbed are not included in the Open Space Plan. The primary areas that are in the Open Space Plan are the grazing areas outside the periphery of the developed community area and along the San Juan River corridor. The other areas in the Open Space Plan include the cliff areas northwest of the community that have high mesas and rough terrain.
The Open Space Plan as preliminarily developed herein is subject to adjustment and refinement as the Chapter and community proceeds with the processes involved with its long-range community development and economic development planning.
Chapter Land Use Plan 135 Tse Daa Kaan, Navajo Nation 6.2 Tse Daa Kaan Chapter Thoroughfare Plan
The recommendations set forth by the Transportation and Community Development Committee for Navajo Nation Chapters seeking certification of their Chapter Land Use Plan or comprehensive community-based land use plan includes the development of a community Thoroughfare Plan.
The definition for a Thoroughfare Plan is a plan that provides a system of and design for major streets, existing and proposed, distinguishing between limited access, primary, and secondary thoroughfares, and relating major thoroughfare to the road network and land use of the surrounding area.
The Tse Daa Kaan Chapter Land Use Planning Committee and Chapter Officials in collaboration with the Consultant have devised the basic model of the Tse Daa Kaan Community Thoroughfare Plan as reflected in Exhibit 6.3.2. It is intended that this basic model be further refined by the CLUP Committee and Chapter Officials for finalization of the Chapter Land Use Plan in the preparation for consideration for LGA governance-certification by the Transportation and Community Development Committee.
The Tse Daa Kaan Community Thoroughfare Plan is networked around the major thoroughfare going through the community, the N.M. Highway 64. The primary thoroughfares are those streets that are currently identified as being part of the BIA System Roads, the irrigation canal service road and the NR 36 road that traverses the south portion on the Chapter area.
The secondary thoroughfare streets are those going through the principal housing areas, to the area Churches, and the streets that connect the primary thoroughfares. The limited thoroughfare streets are those that go to the private homes and other areas in the community that are not intended for free access to the general public. The Thoroughfare Plan includes the recommended realignment of existing streets in a manner that would be more conducive to a better flow of traffic, a more systematic design of a street network and the inclusion of areas that are probable for eventual development to become a component of the comprehensive street system.
The Tse Daa Kaan Community Thoroughfare Plan as preliminarily developed herein is subject to adjustment and refinement as the Chapter and community proceeds with the processes involved with its long-range community development and economic development planning.
Chapter Land Use Plan 136 Tse Daa Kaan, Navajo Nation Exhibit 6.3.1 Tse Daa Kaan Chapter Open Space Plan
Chapter Land Use Plan 137 Tse Daa Kaan, Navajo Nation Exhibit 6.3.2 Tse Daa Kaan Chapter Thoroughfare Plan
Chapter Land Use Plan 138 Tse Daa Kaan, Navajo Nation TSE DAA KAAN CHAPTER, NAVAJO NATION
CHAPTER LAND USE PLAN
CHAPTER 7 – IMPLEMENTATION RECOMMENDATIONS
Chapter Land Use Plan 139 Tse Daa Kaan, Navajo Nation CHAPTER 7 – IMPLEMENTATION RECOMMENDATIONS
TABLE OF CONTENTS
7.1 Tse Daa Kaan Chapter Recommended Land Use Policies 7.2 Additional Implementation Recommendations 7.3 Site Development Requirements 7.4 Legal Considerations 7.5 Conclusions
Chapter Land Use Plan 140 Tse Daa Kaan, Navajo Nation CHAPTER 7 – IMPLEMENTATION RECOMMENDATIONS
7.1 Tse Daa Kaan Chapter Recommended Land Use Policies
PREFACE:
These policies describe the internal policies that provide general direction for the Chapter government, as the community proceeds with its plans in the development of the community utilizing this Land Use Plan.
These policies are intended to provide guidance in the most general terms, specific issues not addressed by these policies shall be governed by pertinent existing Navajo Nation laws and regulations. Further those localized issues not provided for herein and not specifically provided for in Navajo law or regulations, shall be subject to the recommendations of the Tse Daa Kaan Chapter leadership for deliberation and decision of the Chapter leadership and community membership.
7.1.1 Chapter Boundary Policy
It is recognized that there are no “official” Chapter boundaries that are formally accepted by the Tse Daa Kaan Chapter, the Navajo Nation and the Bureau of Indian Affairs. The Tse Daa Kaan Chapter has 60,362 acres within its jurisdiction of Trust Land according to the Navajo Land Department. The re-delineated Chapter planning area is calculated at 1,006,503 acres.
There are outstanding Chapter boundary discrepancies with the neighboring Chapters, including Shiprock, San Juan, Nenahnezad, and Sanostee, respectively. The Chapter also shares borders with the Ute Mountain Ute Tribe and San Juan County. Situations where Tse Daa Kaan Chapter members have physical residences in other Chapter areas will be addressed through dialogue with other Chapters to determine Chapter membership/client service areas.
The policy of the Tse Daa Kaan Chapter will be to protect the integrity of the boundary recognized by the Tse Daa Kaan Chapter and to diligently engage in discussions and negotiation with other jurisdictions to conclusively resolve any potential boundary discrepancies.
Chapter Land Use Plan 141 Tse Daa Kaan, Navajo Nation 7.1.2 Cultural and Traditional Resources Preservation Policy
A prerequisite in community and economic development is assessing of the cultural and traditional resources located on and adjacent to the proposed development site(s). The community leadership shall assure that the knowledge of community members of such resources are reported and considered in the predevelopment assessment processes. Cultural resources include areas where there were previous human habitation and funery sites. Traditional resources include areas currently used for traditional ceremonial activities.
In addition to this responsibility, the Chapter will assure that all relevant laws and regulations are complied with, including but not limited to the Navajo Nation Cultural Resources Preservation Act, the National Historic Preservation Act, Archeological Protection Act and the National American Graves Protection and Repatriation Act.
7.1.3 Environmentally Sensitive Areas Policy
Another prerequisite in the process of community and economic development is the assessing of the environmental conditions and resources located on and adjacent to proposed development site(s). The Chapter leadership will assure that in the assessment of proposed development areas, all relevant laws and regulations are complied with, including but not limited to the Navajo Nation Environmental Protection Act, the Federal Environmental Protection Act, Endangered Species Act and the Clean Water Act.
7.1.4 Grazing and Agricultural Land Management Policy
The prudent practices of land use for livestock grazing and agricultural activities are time-honored activities that the Tse Daa Kaan community members are accustomed to. The regard for the land and the proper care thereof, have been central to traditional livelihood throughout the history of the people and is thus considered a sacred trust and birthright.
The Chapter leadership shall assure the continuance of the proper caring of the land and natural resources by advancing and advocating appropriate land management practices. The policy of the Tse Daa Kaan Chapter shall be to continue traditionally learned land management practices, in addition to referring to and utilizing the dictates of the Navajo Nation Grazing Regulations and other pertinent laws and regulations.
Chapter Land Use Plan 142 Tse Daa Kaan, Navajo Nation 7.1.5 Land Use Approval Policy
The Chapter Land Use Plan as approved by the Chapter membership shall dictate the manner and process of the various land use proposals. The Chapter Land Use Plan is subject to periodic review and amendment by the Chapter membership.
All requests for Chapter land development shall be first presented to the Tse Daa Kaan Chapter Land Use Planning Committee for initial review. The CLUP Committee shall submit their recommendations to the Chapter Planning Committee prior to presentation to the Chapter membership.
The Chapter leadership shall insure that all appropriate information are secured before the land use proposal is forwarded to the Chapter membership. This information shall include verification of land availability, regulatory clearances, development plans and conformance with the Chapter Land Use Plan. Appropriate Tribal and other laws and regulations shall be complied with.
7.1.6 Chapter Land Master Leasing Policy
To expedite the planning and development of land, the policy of the Tse Daa Kaan Chapter shall be to make concerted effort to withdraw large contiguous tracts of land for comprehensive planning for housing, commercial, industrial and other appropriate development. These large withdrawn tracts of Chapter lands shall be surveyed and field cleared in a comprehensive manner to secure all required regulatory clearances.
7.1.7 Chapter Housing Development Policy
With the housing needs of the community delineated, the Chapter leadership in conjunction with various housing providers shall determine a strategy to address the housing need.
The basic considerations in the formulation of the housing development strategy shall include the land areas identified for housing development, required infrastructure systems, funding sources, types of housing development and building materials, housing designs, and long-term maintenance and operation of the projects.
Chapter Land Use Plan 143 Tse Daa Kaan, Navajo Nation 7.1.8 Identification of New Areas for Development Policy
The Tse Daa Kaan Chapter leadership and the Chapter Land Use Planning Committee shall continually assess the need to identify new development areas to meet the anticipated growth of population and community. Areas that are considered for new development shall be assessed for land suitability, including all appropriate surveys and regulatory clearances. Areas that are determined to be available and suitable for future development shall be dedicated as such, with inclusion to the Chapter Land Use Plan.
7.1.9 Infrastructure Needs Policy
The consideration for and identification of new development areas requires that the infrastructure necessary to serve the new areas be analyzed and planned. In addition to the future planning for infrastructure, the Chapter leadership must be cognizant of the condition of existing infrastructure systems with the purpose of assuring the viability of the systems. This function is necessary to determine the portions or components of the systems that need replacement or upgrade to insure that the infrastructure needs of the community membership are satisfied.
7.1.10 Commercial and Industrial Development Policy
The policy of the Tse Daa Kaan Chapter and community will be to encourage local community members and other interested parties to develop commercial/business development. The community would also encourage the establishment of light industrial development to provide employment opportunities. The development of such commercial and industrial interests shall be provided for within the established Chapter Land Use Plan. The community leadership shall do all things necessary to assist the prospective entrepreneurs to establish their business concerns in the community.
Chapter Land Use Plan 144 Tse Daa Kaan, Navajo Nation 7.2 Additional Implementation Recommendations
7.2.1 Learning and Working with Existing Laws and Regulations
The Tse Daa Kaan Chapter leadership and CLUP Committee shall gain familiarity with the intent and enabling authorities of pertinent existing Navajo Nation laws and Bureau of Indian Affairs regulations as they relate to the Tse Daa Kaan development process. Albeit the Local Governance Act of 1998 grants certain authorities to the Chapter government for the planning and regulation of local affairs and issues, there will remain continued oversight of community local governance activities by the central Navajo government and the BIA.
It is therefore incumbent upon the community leadership to understand these pertinent laws and regulations to be able to exercise the greatest measure of local governance autonomy that is feasible. By understanding and working within the parameters of the oversight laws and regulations, the community will be enabled to better achieve its goals and objectives.
7.2.2 Establishment of Chapter Land Development Code
As the Chapter leadership and community membership understand their relationship to existing laws and regulations and understanding the mechanisms in developing and maintaining the Comprehensive Land Use Plan, there will be the need to develop appropriate Land Development Codes to provide additional guidance in the orderly development of the Tse Daa Kaan Chapter and community.
7.2.3 Enforcement of Land Use Development Code
Even the most well-developed and well-intentioned Development Code is not practical, if they lack enforcement procedures. The Tse Daa Kaan Chapter and community will establish appropriate enforcement processes to assure the viable and successful exercise of the Tse Daa Kaan Land Use Development Code.
7.2.4 Zoning
To ensure that the various components of community and economic development occur in a prescribed and orderly fashion, specific sites for these components will be described beforehand using appropriate zoning mechanisms and delineating them in the Chapter Land Use Plan.
Chapter Land Use Plan 145 Tse Daa Kaan, Navajo Nation The Chapter Leadership and CLUP Committee will require that all development occur in conformity with the zoning policies, except where the community membership makes formal exceptions to the zoning policies. Such exceptions shall be accomplished through Chapter resolution and with appropriate adjustments to the Tse Daa Kaan Chapter Land Use Plan.
7.2.5 Regulatory Clearances
With the provision of land for the proposed development pursuant to the Chapter Land Use Plan and attendant zoning requirements, the Chapter leadership shall assure that there is compliance with all pertinent legal and regulatory clearance requirements.
These include, but are not limited to legal survey, archeological survey, cultural resources assessments with the Finding Of No Significant Impact (FONSI) statement.
7.2.6 Building Code
The Chapter leadership should consider the development of a set of Building Codes to provide guidance on the manner of acceptable construction of public facilities and housing. A set of Building Codes would ensure quality construction and would thus assure the protection of the safety and health of the citizens in this respect.
7.2.7 Community Education
It is incumbent on the Chapter leadership and the CLUP Committee to insure that the community membership understands the purpose and intent of the Tse Daa Kaan Chapter Land Use Plan and all its particulars.
The Chapter leadership and the CLUP Committee shall continue an orientation process on the Land Use Plan to establish ownership and acceptance of the Plan as a guiding tool for the orderly future growth and development of the community.
7.2.8 Review and Update of the Land Use Plan
The Chapter leadership and the CLUP Committee shall continually assess the Chapter Land Use Plan and present recommendations to the Chapter membership on any elements of adjustment and updating that are appropriate and necessary.
Chapter Land Use Plan 146 Tse Daa Kaan, Navajo Nation The Land Use Plan document will provide reasonable guidance for the community over the next five years. At the end of the five-year period, the Plan should undergo critical review and updating.
7.3 Site Development Requirements
7.3.1 Utility Infrastructure Development
The south tract can be served with all manner of utility infrastructure including adequate electrical power, water, wastewater, gas and telecommunications. The Chapter in close collaborative relationship with the Office of Environmental Health, the Navajo Tribal Utility Authority, the Navajo/Frontier Communications Co. and other appropriate vendors in order that the utility infrastructure are brought to serve the development site in a timely manner.
The Tse Daa Kaan Chapter House tract development has all required infrastructure systems on-site or in close proximity, therefore securing adequate infrastructure for the site is a non-issue.
7.3.2 Environmental Issues
Site 1 - An additional special site development requirement is that, because construction on clay type soil can present stability problems, the community is advised to have geo-technical assessments performed prior to commencement of any development activity. The geo-technical assessments will determine if any remedial measures are necessary for adequate soil preparation to prepare the area for housing and other development.
The community is advised by the Consultant that as the community continues with planning the development of the 10-acre site, the EA and other relevant surveys and studies will need to be completed. This would include securing the land withdrawal process for the 10 acres completing the Cultural Resources Survey, the Environmental Assessment with the Finding of No Significant Impact (FONSI) statement, if the community indeed decides to build there.
Site 2 – The Cultural Resources Survey and the EA have been done for the Site 2 and the findings stated that there were no significant findings and that development could proceed for the area. However, through the Biological Survey performed of the site by the Consultant and associate Arnold Clifford, a substantial population of Mesa Verde Cacti was found on the northwest corner of the site and along the northern border of the site.
Chapter Land Use Plan 147 Tse Daa Kaan, Navajo Nation The Cultural Resources Survey also noted that there was a previous burial site located immediately south of the Chapter House, the remains have been exhumed and re-interned at a different location, prior to development of the site.
7.4 Legal Considerations
7.4.1 Development Site Land Withdrawal
The land withdrawal for the south 10-acre site will have to be processed through the Navajo Nation and Bureau of Indian Affairs. The Chapter leadership needs to pursue the proper land withdrawal process, once and if the community and land users decide to build on the site.
7.4.2 The Archeological Survey and the Cultural Resources Assessment are outstanding issues that need to be completed with the securing of the Finding Of No Significant Impact (FONSI) statement. The Chapter leadership may request the appropriate Departments of the Navajo Nation, the Bureau of Indian Affairs or services from private firms may be solicited to complete these surveys and assessments.
7.5 Conclusion
The 10-acre site and the 15-acre site proposed for housing and the different components of community and economic development are good sites. The much-needed development planned herein requires the advent of bringing adequate utility infrastructure to the site. With the support of the Navajo Nation, as well as the Indian Health Service and Bureau of Indian Affairs, the Tse Daa Kaan community can enjoy the positive attributes of development on this site into the future.
Chapter Land Use Plan 148 Tse Daa Kaan, Navajo Nation TSE DAA KAAN CHAPTER, NAVAJO NATION
CHAPTER LAND USE PLAN
CHAPTER 8 – SUMMARY
Chapter Land Use Plan 149 Tse Daa Kaan, Navajo Nation CHAPTER 8: SUMMARY
The Native American Housing and Self Determination Act has provided the Tse Daa Kaan Chapter and community the unique opportunity to self-reflect in a process of assessing its special inherent qualities. This self-assessment by the community has brought the community and the Chapter leadership to the realization that it has the ability to plan the development of the community and to forge a beginning to a successful future.
The learning that has been collectively realized and the technical assistance imparted by the Consultant and other partners in the planning process have developed an interest in community planning. The Chapter leadership, the CLUP Committee and the community recognize that in spite of the lack of development, that there is potential for the eventual development of the community and Chapter area.
It is understood that the Tse Daa Kaan Land Use Plan document is to be regarded as a tool in the planning and development process of the community. It is understood that the Plan is intended to provide general guidance in the planning process. It is accepted that the Plan is a living document, such that it should not be stagnant, but ever changing and growing as the community continues to refine the document by working with it. It is further accepted that the Plan is intended to provide general community planning and development guidance for five years, at which time there needs to be a critical review and updating of the Plan.
The Tse Daa Kaan Chapter leadership and community membership appreciate that the developed Land Use Plan represents a crucial element in the satisfaction of the requirements to attain certification under the Local Governance Act. The Tse Daa Kaan Chapter leadership and community membership believe that their aspirations and hopes for development and progress has been enhanced through the community capacity building and community empowerment that is made evident through participation in the NAHASDA Chapter Land Use Planning project.
Chapter Land Use Plan 150 Tse Daa Kaan, Navajo Nation PERSONNEL
Duane H. Yazzie, Principal, Rez Star Point Lance H. Yazzie, GIS Tech IV, Rez Star Point
SUBCONTRACTOR
Arnold Clifford, GeoBotanist, Carrizo Mountain Consulting
Chapter Land Use Plan 151 Tse Daa Kaan, Navajo Nation